The Applicable Law Of Unauthorized Agency And Its Ratification

Agents and ratification system with a strong practical significance,the agent can complement the capacity of civil subject system,expanding the scope of civil activities,provide convenience for autonomy.Due to the fact that the agency involves three parties,there are some defects of unauthorized agency or agency right in reality.Ratification can cure and correct these non-standard agency relations and maintain the transaction order and security.At present,there are still big differences and differences in the judgment ideas and processing results of the proxy dispute cases.The fact determination and law application of the court cannot provide the parties with a more reasonable and stable judgment expectation,and no typed and institutionalized trial process and trial results have been formed.In the academic circle,there are many theoretical studies on the distinction between apparent agency and unauthorized agency in the narrow sense,but few studies on the specific responsibility for the denial of recognition of agency behavior,especially the definition of the nature and scope of this kind of responsibility is still controversial.In some cases,if the principal refuses to recognize the act of unauthorized agency in the narrow sense,the people's court cannot simply and mechanically make the doer bear the legal consequences of the void of agency,that is,the effect of the act of unauthorized agency is completely determined by the principal's unilateral will of ratification,which is not completely appropriate and is not conducive to the proper settlement of civil disputes.This paper takes a real steel sales contract dispute as the entry point,mainly discusses the nature of the identification of agency behavior and the legal application of subsequent ratification.And trial practice few deals with problems of application of law to summarize ratification,narrow when the agent refused to ratification of unauthorized agency behavior,court on the basis of another has asked to be the agent bear the legal consequences of generalization ratification,this and the general special rejected ratification of unauthorized agency behavior responsibility way different,its legitimacy and rationality is worth to explore in depth.