On Abstract And Causation Of The Conferring Act Of Agency

The agency granted independence and abstractness is the core problem of the agency system, agency granted independence refers to the conferring of agency is not the same as with the basic relationship, agency grant is a unilateral legal act, the basic relationship is usually the contract behavior between two parties. It doesn’t matter of mutual membership between the two, and the effective elements and legal effect of different. The main content of the conferring of agency theory is invalid, the effect of a basis of revocation does not affect the agency grant.In the theory of agency, the important evidence for reasonable reliance protection third people to safeguard the security of transactions, but ignore the entrustment and agency relationship, be separated artificially, which lead to the unfairness problem in the application process. And because the theory is different, although the cause theory alone can not solve the reasonable reliance protection of the third party, but its natural and unauthorized agency system and the system of agency by estoppel fit. Not only the security of transactions to maintain, but also to take into account the fair, it is necessary to measure the value of the space. Comparison between the two, should be taken for theory.In this paper, by comparing the authorization behavior without cause and cause theory, this is because of the advantages of. The first part discusses the authorization for the independence and clarify the concept of reason. The act of authorization of independence and abstractness. The second part is the criticism of the theoretical advantages of the theory which was put forward by the author. The third part focuses on the substantive law in our country, because of the authorization by the unauthorizedagency system and the apparent agency system is constructed, the theory is the better choice.