Research On Civil Liability Of Unauthorized Agency In Narrow Sense

As one of the important systems of civil law,the agency system has special value for expanding the scope of autonomy of the right subject.However,in recent years,the situation of the narrow sense of unauthorized agency also exists in the judicial practice of lease,loan disputes,housing sales contracts and other fields.The related disputes of the narrow sense of unauthorized agency show a relatively complex legal and interest relationship,resulting in theoretical disputes about the nature of the liability of the unauthorized agent,the content and scope of damage compensation and so on.Some cases of the same case different judgment of the judicial confusion.This thesis mainly explores the problems and disputes in the application of the rule of civil liability without authority in narrow sense.This thesis discusses in detail the problems and disputes arising in the application of the rule of civil liability in the narrow sense of unauthorized agency through four parts.The first part firstly introduces the concept and legislative evolution of the narrow sense of unauthorized agency liability,collates the existing theories of the nature of the narrow sense of unauthorized agency liability,and puts forward its own views.Through the analysis of the responsibility path reasons,the author thinks that "The People’s Republic of China civil Code" article 171 clause 3,4 is according to the different subjective attitude of the relative person with different theoretical basis,the relative person in good faith to apply legal guarantee liability,the relative person in bad faith to apply contracting fault liability.The second part is based on the different subjective attitude of the counterpart to distinguish the identification of the liability of unauthorized agency in the narrow sense,analysis of the differences in the identification of liability in the third and fourth clauses of article 171 of the Civil Code.The third part mainly introduces the status quo of judicial practice of narrow unauthorized agency liability and expounds the main problems in the application of the rules reflected in the status quo.Through the analysis of cases and related theories in judicial practice,there are four main problems in the judicial application of the above provisions,including: the relationship between the right to claim for performance of debt and the right to claim for damages is not clear;In the narrow sense,there is confusion in the way that the unauthorized agent undertakes liability;There are disputes on the scope of compensation for damages of civil liability of unauthorized agent in narrow sense.In the narrow sense,an unauthorized agent’s liability to the principal is not explicitly stipulated.The fourth part is the key part of the article,and puts forward some suggestions to improve the system of unauthorized agency liability in narrow sense.From the perspective of the other party different subjective attitude,respectively analyzed relative person as goodwill,special agent has no right to default liability applicable conditions and scope narrow agent has no right to damages,analyzing the applicable scope of damages is based on the trust interests or when the performance of the interests,and have the right to the agent when the other party good,though a no-fault liability,However,whether the subjective attitude of the unauthorized agent still has an impact on the scope of undertaking liability;In the case of relative artificial malice,how the unauthorized agent should bear the liability to the malicious counterpart in the narrow sense and how the agent should bear the liability to the principal in this case,to explain and supplement the ambiguity existing in this article.