Research On The Personal Responsibility Of Apparent Agency

The apparent agency system has been developed to maturity,but the issue of personal liability in the apparent agency system has been the focus of academic discussion,and the law has not made a clear provision on this issue,this paper analyzes this issue.At present,there are many theories on the constitutive elements of apparent agency,among which there are three main theories: single element theory,double element theory and new double element theory.Shared the view of new dual elements,this paper in order to position himself in analysis of ostensible agency can blame sexual problems,a new dual elements said position does not require the agent to the extent of the fault,but requires the imputation of himself in the control of risk within the scope of responsibility,I think the theory of balance agent,agent and the other party responsibilities and interests of three parties,is more reasonable.This system at first,this paper illustrates the research value and the significance of research methods,then expounds the theory point of view,and points out the theory of the debate between the reason and direction,analyses the reason to support the new dual elements said,then the internal componets of ostensible agency has carried on the system analysis,explores its legal effect,at the same time,from the Angle of practice of ostensible agency I can be the proof responsibility imputation distribution problems standing in the third person,the right to the agent and the principal point of view to discuss who is the most ideal of proof.Finally,the innovation of this paper,through the reference to other special laws,referring to the provisions of the agency in the special law,we can find that some of the special law has implied the judgment of the principal's liability is more reasonable,it is worth our reference.Finally,it makes a conclusion that the apparent agency system has been trying to balance the conflict of interest between itself and the other party in practice,which reflects the principle of trust and the principle of fairness and makes certain contributions to transaction efficiency and security.Therefore,the complete development of the apparent agency system is of great value to the society.