Discuss On Responsibility Of The Unauthorized Agent In A Narrow Sense

In the narrow sense,the system of unauthorized agency prescribes the actor’s civil liability to the counterpart.The provisions of the general provisions of the civil law are more detailed than the previous provisions: it clarifies the right of the bona fide counterpart to ask the actor to assume the responsibility for performance or compensation for damages,and also clarifies the responsibility of the non-bona fide counterpart and the actor to share the loss according to their respective faults.However,there are still academic and practical disputes on the nature,basis and sharing of responsibilities.First of all,this paper gives a general introduction to the system of unauthorized agency in the narrow sense.This part mainly includes sorting out the legislative changes and defining the connotation of the system.By comparing and analyzing the similarities and differences between the system of unauthorized agency in the narrow sense and the similar systems of causeless management,impersonation and apparent agency,the basic connotation of unauthorized agency in the narrow sense is obtained.Secondly,by consulting,analyzing and summing up cases,we can understand the operation of the system of unauthorized agency in the narrow sense in judicial practice.On the basis of sorting out and screening the relevant cases,the differences in the judicial trial are sorted out,and then the remaining problems of the system are pointed out.At last,the thesis discusses the three problems raised in the judicial trial and solves them one by one.From the point of view of the nature of responsibility,it mainly analyzes the advantages and disadvantages of various theories and puts forward its own views through the method of logical analysis and benefit measurement.From the perspective of the connotation of good faith,mainly by comparing the system of unauthorized agency in the narrow sense with acquisition in good faith and apparent agency,it is clear that good faith means that the counterpart does not know and does not know through fault.From the perspective of the content of liability,this paper mainly analyzes scholars’ interpretation of the liability of unauthorized agents in narrow senseand compares relevant provisions of extraterritorial legislation,puts forward the interpretation scheme of paragraphs 3 and 4,and probes into the construction of the liability system of unauthorized agents in narrow sense in China.