On The Liability Of Unauthorized Agent In The Narrow Sense

Article 171(3) of General Provisions of the Civil Code stipulates the liability of the relative party by the unauthorized agent in a narrow sense,but its provision is too simple and principled,and lacks of specific interpretation standards,which also causes many difficulties of application in judicial practice.Based on the reference of relevant foreign legal systems and the analysis and comparison of different viewpoints of Chinese academic circles,this paper points out that the liability of unauthorized agent in the narrow sense is a kind of legal special liability,which is directly stipulated by the law.Additionally,through the analysis of its nature,the paper further draws out that the liability should be quantitatively analyzed from two aspects:the constitutive requirements and the limiting requirements.Although the liability of unauthorized agent in a narrow sense is a kind of no-fault liability,in order to balance the relationship between the unauthorized agent and the relative party,and fill potential legal loopholes,the way of purposive limiting should be applied to interpret the provisions of article 171(3)of the Civil Code,dividing the scope of liability in detail according to the subjective state of the unauthorized agent.Besides,in order to change the current situation that the system of agency by estoppel was frequently applied in judicial practice and make the system of unauthorized agency in narrow sense widely applied,the paper clarifies the differences between the two systems and affirms the relative person’s right to choose their application in the situation of the coincidence of law articles.