Research On The Determination Of The Good Faith Of The Relative Person In The Ultra Vires Of The Legal Representative

In today's market background,natural person is no longer the only market subject.As an organization with civil rights and capacity for civil conduct,legal person enjoys civil rights and undertakes civil obligations independently according to law,it has become an independent civil subject.Moreover,legal persons have even become the main force of market economy.As we all know,the legal person is represented by the legal representative for trading activities.In our consistent cognition,since the legal person has given the legal representative the right to represent himself,the meaning of the legal representative is the true meaning of the legal person.However,with the increasingly colorful and complex social relations,the legal representative also has some ultra vires behaviors when representing the legal person.According to Article 61 of the Civil Code of the People's Republic of China,we can know that the most important factor affecting the behavior of the representative is whether the subjective state of the counterpart is goodwill.However,at present,there is a lack of research on judging the goodwill of the opposite party which affects the effectiveness of the ultra vires representative behavior in China.As we all know,the law has the function of maintaining social order and stability,but we have always lacked a unified standard.Such a state will not only weaken the guiding role that the law should play,but also cause chaos in the market order.And with the diversification of economic transactions,the representative's ultra vires behavior is bound to increase day by day.Therefore,as far as the current situation is concerned,we urgently need relevant laws and regulations to establish a relatively unified standard for the identification of the other party's goodwill in the ultra vires behavior of the legal representative,so as to adapt to the new economic situation.This paper will discuss and study the standard of identification of the goodwill of the other party from four parts.The first chapter is the related theory of bona fide identification of the counterpart under the background of legal representative's ultra vires.This chapter will introduce the ultra vires behavior of the legal representative from the concepts of legal representative and the source and limitation of representation,analyze the ultra vires behavior of the legal representative,point out the influence of the subjective state of the counterpart on the effectiveness of ultra vires behavior,and then sort out the theoretical differences of bona fide identification of the counterpart.The second chapter is the general situation of bona fide identification of the counterpart under the background of ultra vires of the legal representative in China's practical circles.This chapter first analyzes the provisions on bona fide identification of the counterpart under the background of ultra vires of the legal representative in China,and then analyzes the influence and inspiration of other bona fide systems on bona fide identification of the counterpart under the background of ultra vires of the legal representative.Then,the author analyzes the status quo of bona fide identification of the counterpart in China's current practice through case retrieval,and points out the problems.The third chapter is the extraterritorial comparison of bona fide identification of the counterpart under the background of exceeding the authority of the legal representative.Because the research on bona fide identification of the counterpart under the background of exceeding the authority of the legal representative in China is not very extensive,the author has searched a large number of data in an attempt to understand the research identification of this issue in extraterritorial countries or regions,and gained enlightenment through certain comparison.The fourth chapter is the clarification and choice of bona fide identification of the counterpart under the background of ultra vires of the legal representative in China.This chapter expounds the legislative significance of bona fide identification of the counterpart under the background of ultra vires of the legal representative,analyzes the identification of reasonable bona fide standard by combining the contents of the first three chapters,and discusses the suitability of this reasonable bona fide standard.