Study On Confirming The Scope Of The Power Of Agency International Investment Law

Confirming the scope of the power of agency is very important to the effect of act of agency.According to the second paragraph of article sixty-five "General Principles of the Civil Law ",the content of the meaning of the act of authorization can be used as the basis for the identification of the scope of the power of agency.However,Chinese current civil law does not clarify whether the basic legal connection can be used as the basis for the identification of the scope of the power of agency.Because the basic relationship is not the direct cause of the power of agency,the basic legal connection can only affect the agency's authorization behavior through the interpretation of the meaning of the authorization behavior.This involves whether the authorization is abstract away from the basic legal connection.Academic research is mainly focus on whether the authorization is abstract away from the basic legal connection on behavior effect.But when we confirming the scope of the power of agency,we need to know whether the authorization is abstract away from the basic legal connection on behavior substance.In addition,if the basic legal connection agreed to be identified for confirming authorization behavior,the information about the scope of the power of agency in authorization behavior must be effected by basic legal connection.It will be difficult to think that the authorization is abstract away from the basic legal connection on behavior substance.Issue 1,2014 of the Supreme People's Court Gazette published Hubei Jinhua Industrial Co.,Ltd.v.Su Jinshui,et al.dispute over commodity house sales contract.The opinions on Confirming the scope of the power of agency from every court are different from each other.Especially the Supreme People's Court's opinion on this problem is necessary to analyze and explain in depth.This paper is based on the case,combined with Chinese current civil law system and agency theory,analyze the role of authorization behavior and basic legal connection in confirming the scope of the power of agency.The structure is as follows:The 1st part shows the core issue in this case is confirming the scope of the power of agency by analyzing the basis of requisitional right of the plaintiff.After eliminating the obvious errors on finding the fact and law,it could be found that there are two major problems on confirming the scope of the power of agency.First,how to confirm authorization behavior without letter of authorization.Court of first instance escaped from this problem,and the Supreme People's Court used the concept of external authorization and explained the Jinhua company's tacitus away from the contract of basic legal connection.The second problem is if the contract of basic legal connection could be the basis for confirming the scope of the power of agency directly.The court of second instance confirmed the scope of the power of agency by this way.The 2nd part mainly aims at the Supreme People's Court's decision to answer the first problem on confirming the scope of the power of agency.,And confirms which authorization behavior in this case.Through the analysis of the meaning of Chinese civil law and compared it to civil law of Germany and Japan,we can sure that there is no the concept of external authorization in Chinese civil law.The use of external authorization is not conducive to the balance interests between the main bodies of agency relationship.The content of basic legal connection should be important when the meaning of tacitus is not clear.To protect the interests of the principal and the third party,the content of authorization behavior is not completely abstract on the contract of basic legal connection.The 3rd part try to answer the second problem from the 1st part.The authorization behavior would not be regarded as an individual legal behavior if the content of basic legal connection can be directly used as the judgment of the scope of the power of agency.But the content of basic legal connection don't contain an intention to Bear the legal consequence of agent behavior.The power of agency don't result from the basic legal connection.The means of authorization behavior should be the judgment of the scope of the power of agency if they are clearly different from the content of basic legal connection.After taking all conclusions of analysis into the case,we should get a better result for judge the case.