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Study on Several Issues of Unauthorized Agency

Author: ZhangXiaoYan
Tutor: LinZuoNian
School: Renmin University of China
Course: Legal
Keywords: Narrow sense unauthorized agency Agent system The right to ratify Behavior Some Issues Power of attorney Right of withdrawal At home and abroad Summon No management
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 744
Quote: 2
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Abstract

Commodity economy developed, more and more frequent unauthorized agency in judicial practice. This article intends to draw on the theory and practice of the unauthorized agency system at home and abroad, combined with the relevant provisions of our laws, try for a more in-depth discussion on unauthorized agency system in a number of issues, in order to obtain unauthorized agency system for our country in legislative correct application of perfection and justice play a role. The paper is divided into four parts. The first part is an overview section of this article, on what is unauthorized agency and do a brief overview of the classification of unauthorized agency. Unauthorized agency actor has no power of attorney to a third party on behalf of others and acts of civil agency system. Based on whether the perpetrator that the opposite party mistakenly believed its agent appearance of right of unauthorized agency can be divided into the narrow sense does not have agents and agency by estoppel. The second, third part of the paper focuses on the part of combining exposition of scholars at home and abroad, were difficulty in the narrow sense unauthorized agency system and sees the agency system, key issues were discussed in detail and discussed. In the second part focuses on the following aspects: One is the problem of unauthorized agency constituent elements in the narrow sense of subjective mental state. In this section, a detailed analysis of the third person in good faith, malicious, intentional, negligence, and other subjective state of mind which can set up a narrow unauthorized agency refuted advocate the 3rd person in good faith in order to set up a narrow unauthorized agency point of view, a clear-cut that the third person in good faith or malicious may constitute unauthorized agency narrow sense, but only in the case of well-intentioned unauthorized agency personnel to its responsibility. The second is on the exercise of my right to ratify. The part of my exercise ratified over the main conditions, the ratify the object, ratified by the way, with or without time restrictions made in detail. Ratified the time limit, the paper argues that the laws appropriate to require the exercise of the right to ratify the statutory period, but should Points of distinction: the relative summon can be determined by the relative ratify period; relative summon, I should be in reasonable whether to ratify the meaning of that period of time. Corresponding with my right to ratify a third party the right to summon and the right of withdrawal, that is the part of the third question. In this paper, the right to exercise in detail, Urgency Right and the exercise of the right of revocation should have the necessary conditions: should I Prior to ratification of; third party should I summon reasonable reply period; the third party in good faith only enjoy the right of withdrawal. About narrowly unauthorized agency with no difference due to management problems is the second part of the fourth question. In this paper, comparison of unauthorized agency and due to management, are discussed in detail in the capacity of the perpetrator,

Study on Several Issues of Unauthorized Agency

Abstract

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