Research On The Liability Of Unauthorized Agents

Compared with the provisions on the liability of unauthorized agents in general principles of civil law and contract law,the provisions on the liability of unauthorized agents in general principles of civil law are a great progress,making up for the gaps in previous laws to a large extent.The progress of law has solved many problems in judicial practice that there was no uniform standard before,which to a certain extent is conducive to improving the efficiency of judges in hearing related cases,and also provides a better basis for judges to discuss the verdict.This article aims at the small shortcomings in the great progress.Through to the current law has no right to the agent responsibility rules of analysis,put forward some suggestions in order to can play some part in the judicial practice.The first part of the article introduces with case.Since the implementation of the general principles of civil law,few cases have been decided according to the provisions of article 171,and different problems have been reflected in the cases.Based on the analysis and comparison of three typical unauthorized agent cases selected from the Chinese judicial documents network,the author draws the key points of this article by combining the provisions of current laws.The three typical cases are analyzed and discussed from the three aspects of unauthorized agent liability,providing abundant materials for the later relevant legal analysis.The three problems summarized from the cases are also the problems that need to be improved in the provisions on the liability of unauthorized agents in the general principles of civil law.This part gropes at the stage of discovering problems.In the second part of the paper,legal analysis is made based on the issues raised by the case and the legal provisions.The judgment result of each case is the most appropriate result obtained by the court after a comprehensive discussion.However,due to the differences between the courts,the judges have different opinions on the understanding of the law.In order to provide a solid theoretical basis for the conclusion of the paper and enrich the arguments of the paper,it is necessary to collect more theoretical materials,conduct comparative analysis and discussion of relevant theories,and improve the argumentation of the viewpoints of the paper while enriching the content of the paper.About the responsibility of the unauthorized agency,responsibility content and the nature of the responsibility,the theory of some controversy in the educational world,this part of the article combined with case analysis of relevant theory,draw lessons from academic theory point of view of the article mainly discusses the problems,to their own conclusions.The third part of the article is mainly through the aforementioned cases and relevant theoretical analysis of this paper's argument.The induction and arrangement of cases is the beginning of the problem,and the relevant legal analysis is to sort out the ideas of the article,so as to integrate the problem with the theory.In this part,the author elaborates the research inspiration after drawing the research conclusion.It is concluded that what kind of liability the unauthorized agent should assume is changed according to the choice of the bona fide counterpart,unauthorized agent to bear responsibility includes the performance of interests and interests of trust,have no right to agent liability is legal special responsibility and trust from the article discovered after the conclusion of the lacked of unauthorized agency liability for unauthorized agency liability exemption of the provisions of the corresponding ground of relief to the unauthorized agency responsibility is discussed.The author hopes to provide some opinions and Suggestions on the content that needs to be further clarified in the relevant provisions of current laws found in the form of case analysis.