Research On The Civil Liability Of Unauthorized Agent In Narrow Sense

Agency system can expand the scope of autonomy of will,becomes an important supplement to the autonomy of will,which makes the establishment and operation of legal relations can be fast and smooth.However,the special structure of the system also brings the risk of impairing transaction security.When a situation of unauthorized agency in a narrow sense occurs,because of the unbalanced distribution of risks,the interests of counterparts should be protected more.Therefore,in the narrow sense,unauthorized agent responsibility is ultimately a question of balancing the interests of all parties.In the topic of the narrow sense of unauthorized agent responsibility,article 171 of the Civil Law added the content of paragraph 3 on liability and scope of liability and paragraph 4,which has determined the performance and the damage compensation responsibility to assume the way,and distinguished the subjective state of relative person.However,there is an ambiguity in the legal representation,it involves many ambiguous controversial points,such as how to distinguish the narrow sense of unauthorized agency liability from the apparent agency liability,how to characterize the narrow sense of unauthorized agency liability,whether it is the reliance interest or the compensation for the performance of the interests when the counterpart undertakes the compensation for damages.With regard to the characterization of the liability of the narrow-sense unauthorized agent,this paper summarizes it as statutory guarantee liability in the light of the legislative provisions and the viewpoints of comparative law in our country.The doctrine of legal guarantee liability claims that the liability of unauthorized agent should be assumed mainly because of the special provisions given by civil law,rather than based on whether the unauthorized agent has subjective intention or negligence.From the point of view of the provisions of the law,the content of its liability can be sorted out into three points:assuming the obligation to perform,compensating for the interests of performance,and compensating for the interests of trust.With regard to the responsibility of the narrow-sense unauthorized agent,article 171 of the newly revised General Principles of Civil Law of China further stipulates that the bona fide counterpart can either choose to ask the actor to perform the debt or ask the actor to compensate for the damage.However,the scope of compensation is limited to the interests of the counterpart when the principal approves the contract.Therefore,it can be seen that the clear responsibility mode in our civil law is to choose compensation mode,which is generally consistent with German civil law.In terms of the scope of its specific compensation,it also adheres to the view that the trust interests recognized by various countries should be limited to the performance of interests.However,there is no final conclusion as to when to undertake the interests of trust and when to compensate for the interests of performance.From the perspective of the subjective state of the unauthorized agent himself,this paper distinguishes that when the unauthorized agent in a narrow sense does not know that he does not have the rights of agency,he should bear the interests of trust,which is more conducive to achieving the balance of interests of both parties.This paper aims to clarify the nature of unauthorized agent liability in the narrow sense on the basis of sorting out many problems of unauthorized agent liability,and further analyze the content and scope of unauthorized agent liability,so as to fully understand and accurately apply unauthorized agent liability.