A Study On The Legal Liability Of Unauthorized Agents In A Narrow Sense

Agency is the supplement and extension of private law autonomy,which makes the transaction process between people easier to achieve,civil activities more convenient and effective,and also brings about the growth of social wealth.In the absence of agency power and the effect of agency legal act can not be attributed to the principal,how to allocate loss among the principal,the agent and the relative is one of the important issues in the agency system.Therefore,it is necessary to study the relevant theories and responsibilities of the narrow sense of unauthorized agency in order to regulate it.Article 66 but the provisions are relatively rough.After the promulgation of the General Principles of Civil Law,there are more detailed provisions in the third and fourth paragraphs of Article 171,but the interpretation of the legal liability of the narrow-sense unauthorized agent still needs further exploration and improvement in theory,because the constituent elements,the nature of the liability,and the party responsible for it.There are still many disputes in theory and practice about the formula and the scope of compensation.In view of this,it is necessary to sort out the relevant theories of the legal liability of the narrow-sense unauthorized agent in order to promote the improvement of legislation.This article elaborates on the provisions of Article 171 of the General Principles of Civil Law and the at home and abroad,and makes an in-depth discussion on the legal liability of unauthorized agent in a narrow sense,with a view to playing a certain role in the legislative improvement of the system of unauthorized agent in a narrow sense and in the application of judicial practice.The first part of the article first combines the specific cases that have been judged to be effective,and puts forward the problem that the same or similar cases can not get the same result of the judgement.The second part makes a detailed legislative investigation on the provisions of the General Principles of Civil Law,the Contract Law and the General Principles of Civil Law concerning the legal liability of the narrow-sense unauthorized agent.Firstly,the provisions are evaluated and analyzed.Secondly,the provisions of the General Principles of Civil Law are compared with those of the General Principles of Civil Law and clarified.The progress and problems of Article 171 of the General Principles of Civil Law.The third part discusses the basis of the legal liability of the narrow-sense unauthorized agent,including the concept,characteristics,constitutive elements and nature of the responsibility.The constitutive elements of liability include the corresponding capacity of the agent,the existence of a narrow sense of unauthorized agency,the unauthorized agency of the principal,and the relative’s goodwill without exercising the right of revocation.The nature of liability enumerates the propositions of relevant theories and makes relevant analysis.On the basis of explaining the concepts and connotations of each theory,it evaluates and compares their respective advantages and disadvantages.After analyzing the advantages and disadvantages,it puts forward that the theory of contractual liability is the most reasonable and most suitable to the current legal provisions of our country.The fourth part elaborates the undertaking of the legal liability of the narrow-sense unauthorized agent,and studies the undertaking mode of the legal liability of the narrow-sense unauthorized agent and the scope of compensation.The mode of liability is choice.The scope of liability compensation is to distinguish the liability of compensation according to the subjective state of the unauthorized agent in a narrow sense,and there are limitations on the performance of interest liability.The fifth part puts forward some suggestions to improve Article 171 of the General Principles of Civil Law,that is,to adopt the mode of choice in the interpretation of the third paragraph,to limit the scope of application of Article 171,paragraph 3,and to consider the fourth paragraph as the basic norm of the right of claim.To sum up,this article is a study on the legal liability of the narrow-sense unauthorized agent.Through the promotion of each level,it discusses some controversial points and puts forward the suggestion of improving Article 171 of the General Principles of Civil Law,in order to make the judges more scientific and fair in the trial of cases and to make the same or similar cases get the same judgment.The final result is to safeguard judicial justice.