Research On The Civil Liability Of The Unauthorized Agent To The Counterpart

With the rapid development of the social economy,the agency system is used more frequently,and the disputes arising from unauthorised agency are also increasing,which are widely present in the fields of leasing,borrowing,house trading,and construction projects.Unauthorized agency disputes reflect complicated legal and interest relationships,my country’s regulations on the relative civil liability of unauthorized agents are mainly embodied in Article 171 of the Civil Code.The provisions on the responsibility of unauthorized agents are vague and lack of practical operability,which leads to theoretical disputes on the nature,constitutive requirements,content and scope of damages for unauthorized agents,and leads to confusion in judicial adjudication of different judgments in similar cases.This article starts with the controversies in three different fields of unauthorised agency related cases,and brings up the specific issue of unauthorised agents’ civil liability to the counterparty.Through analysis of the current legislative and judicial status quo,it is proposed that the problems of unauthorized agents for relative civil responsibilities are mainly manifested in the fact that the legal nature of the relative civil responsibilities of unauthorized agents is not clear;the interpretation of "good faith" is not uniform;and the content of compensation for damages is unclear;the scope of liability limited by the proviso of Article 171 of the Civil Code is controversial.Based on the relevant theories regarding disputes over the legal nature,constitutive elements,content and scope of the liability of the unauthorised agent against the counterparty,compare the legislation outside the territory and base it on the legal provisions,within the scope of the legal provisions,through legal interpretations The method seeks to solve the above-mentioned problems.It is believed that the nature of the civil liability of the unauthorised agent to the malicious counterparty is the responsibility of negligence in contracting,and the nature of the responsibility to the bona fide counterpart is the statutory special responsibility.The statutory special responsibility needs to be determined from both the no-fault liability and the legal guarantee liability.Through system interpretation,purpose interpretation,interest measurement,etc.,it is proposed that the "good faith" in the provision of unauthorized agency should be ignorant and not due to negligence that the agent is not granted the agency.According to the provisions of the law,the content of compensation for damages is defined as compensation for performance interests,and the scope of liability limited by the proviso is the scope of liability for unauthorized agents according to the choice of the other party,not only the scope of compensation for damages.