Ratification Of Unauthorized Agency

Shall not be entitled to indirect agent has been scholars rarely talk about the topic of,because of continental law system and Anglo-American law system have different attitudes to indirect agency system,combined with our country’s legal system is mainly used the continental law system,therefore,Chinese scholars have opposed the indirect agency system,think that the emergence of indirect agency is a requirement in order to meet the original foreign trade agent,trade agent qualification has been let go now,indirect agency system has lost its function.There is less discussion on whether the provision of unauthorized agency can include unauthorized indirect agency,because most scholars’ interpretation of unauthorized agency directly applies the provision of Article 48 of the Contract Law,believing that unauthorized agency is an act with agency defects in the name of others.This article from our country about the right to the judicial practice in indirect agency,has discussed the practice court has no right to sex can be ratification of indirect agency,and explains the indirect agency system belongs to the part of the agent system in China,then discusses the right to the legitimacy of the indirect agency ratification,the legal effect,different with other legal behavior and attitude of the common law of right to indirect agency ratification,analyzed the acknowledge the right to the value and significance of indirect agent can be ratification.Indirect agency is an agency behavior implemented on the premise that the actor has indirect agency power.Because of the need for the existence of agency power,indirect agency may also have defects in agency power.Based on the comparison between indirect agency and direct agency,this paper analyzes whether the indirect agency without authority can achieve the same legal effect as the direct agency without authority,that is,the principal can make the effect of indirect agency without authority effective through ratification.At the same time,this paper also analyzes the legal effect of the principal’s ratification and the responsibility of the principal’s refusal to ratify.The agent first needs to comply with the general conditions of ratification of the ratification,but because of the particularity of indirect agency,has no right to occur after ratification as indirect agency shall have the right to legal effect of agency,but when the agent refused to ratification by the agent and the offender may be taking the responsibility and the right to direct the agent was rejected after ratification of the force of law is not exactly the same,but the combination of indirect agency regulations,analyze the right to the responsibility of indirect agent,on the other hand,gives the 3rd option will make a way to more conducive to protect the third person.Shall not be entitled to indirect agency from the Angle of explanation theory can be ratification of the results,it does not violate the provisions of the law in our country to ratification,meanwhile,admitted that the right to sex can be ratification of indirect agency,also help to protect the interests of a third person in some situations,or to promote trade and try to avoid the contract is invalid,is conducive to the development of market economy.