Principal's Liability Attribution Of Agency By Estoppel

Agency by estoppel is a special system established by the legislators to protect the reasonable reliance interests of bona fide party and maintain the order of market transactions.It is a trade-off between Party Autonomy Principle and transaction security.Agency by estoppel is not authorized,but it has the legal effect of authonized agent.The principal shall undertake the unauthorized act earried out by the unauthorized agent so as to make the bona fide party "get what he wishes".However,with the development of the market economy and the increasing frequency of civil and commercial agents,There is a growing demand for the agency system and a better agency system is needed to protect the interests of all parties.The legal provisions of the agency by estoppel include Article 49 of the Contract Law and Article 172 of the General Principles of the Civil Code and the judicial interpretation issued by the Supreme Court in 2009,but they do not mention the issue of the liability attribution of the principal.The ignorance of the liability of the principal may lead to the abuse of the agency by estoppel,so that the interests of the agent are at risk.In the academic circles,the two major mainstream views on the liability attribution of the principal are the "single elemental theory" and the "dual elements theory".The main difference between the "single elemental theory" and the dual elements theory" is the composition of the principal.Whether the principal's fault should be regarded as an essential element of agency of estoppel,some scholars also proposed "new single element theory" and "new dual elements theory" to try to make up for the defects of the two mainstream doctrines.I believe that being accused by the agent is a hidden element of the agency by estoppel.Only when a principal is accountable,it is legal to let it bear the corresponding legal responsibility,but the liability attribution is not limited.Negligence is the most common forms of liability attribution of the agency by estoppel.Therefore,the principal's liability attribution of the agency by estoppel should be discussed on the basis of the "new dual elements theory".This paper is divided into six parts:The first part introduces the topic of the article in one case.The second part mainly introduces the research status of the agency by estoppel in China.It is classified by the viewpoint of the principal's liability attribution and analyzes the advantages and disadvantages of the two mainstream points,and proposes that the principal's liability attribution can be discussed in the context of "new dual elements theory",based on the dynamic system theory.The third part mainly introduces the theoretical research of this paper.Firstly,it expounds the rationality of applying the Compound liability imputation principle to the principal's liability attribution.Secondly,it expounds that the judgment of the Compound liability imputation principle in Jiangsu Province is reasonable.The fourth part is the empirical analysis.Firstly,the research method of this paper is introduced.The highest sum is summarized by the Supreme Court's report on the eight Bulletin case of agency by estoppel.The court's attitude towards the principal's liability attribution,and through the study of 36 cases of the agency by estoppel in Jiangsu Province,it is concluded that the Jiangsu Provincial Court can be held liable to the principal when it is determined whether the agency by estoppel is established or not.In the fifth part,based on the research and analysis of the sample cases in Jiangsu Province,I proposes that Compound liability imputation principle adopted by the courts in Jiangsu Province should be used to determine the liability of the agency by estoppel.The law of risk and responsibility division that has been formed in the case is combined with the case of Jiangsu Province which is intended to provide some reference for the trial of the agent case in practice.The sixth part is the conclusion.According to the case analysis of this article,some judges of the Supreme Court and the courts in Jiangsu Province have considered the issue of the principal's liability attribution when judging the case,but few courts believe that the principal can be held liable.Among the 36 cases published in Jiangsu Province,almost half of the judges used the Compound liability imputation principle as the imputation principle of the liability attribution of the principal.Therefore,this paper draws on the refereeing thinking of the Jiangsu Provincial Court to provide a basic path for the principal's liability attribution:Under the condition of satisfying both the objective appearance of right and the subjective good faith of the bona fide counterpart,the hidden element of the principal's liability attribution is analyzed.On the technical level,when analyzing the accountability of the principal,we can give priority to the principle of "fault" and take the principle of "risk" as the principle of compensation when the principle of "fault" fails.