Research On The Imputability Of Apparent Agency

Whether my attributability can be regarded as one of the constituent elements of the apparent agency has never ceased to be discussed in theory.The issue of the apparent agency as an important part of the agency system,its specific provisions and judicial application are related to well-intentioned third parties and In consideration of the interests of agents,in the traditional theory of civil law,the interests of bona fide third parties are given priority.Therefore,most scholars hold the "single element theory" view on the composition requirements of agents.As the development of the market economy has become more prosperous,the continuous development of modern civil law theory,it is obviously unbalanced to protect the interests of only one party to the transaction within range.Although the "dual element theory" is gradually supported by most scholars,from the current legal provisions of our country,only article 49 of the contract law and article 172 of the general principles of civil law stipulate the content of apparent agency,and the provisions of the above two articles are abstract and vague in application.After an empirical study on the imputationability of the individual,the judicial practice mainly exists The application of the elements of imputability is different,the views of the same court are inconsistent,and different courts have different understanding of the connotation of imputability.As to whether I can be imputed as the constituent element of apparent agency,this paper holds that I can be imputed as the independent constituent element of apparent agency.When I have no imputation to the appearance of agency right,I do not constitute apparent agency,and I do not bear the consequences of legal act between agent actor and relative person,so I should take imputation as the constituent element of apparent agency.Based on the intrinsic value of legal order,this paper expounds that the sacred status of private law of autonomy of will and the protection of trust interests can not be equated in the legal order,and that the constitution of apparent agency and bona fide acquisition are highly similar,from the principal’s behavior on the appearance of rights and the legal consequences of the principal’s bear analysis,in the constitution of apparent apparent agent more need to be imputable.This paper analyzes various theories put forward by the academic circles and various standards used by the court in judicial practice,puts forward the judgment criteria that should be constructed by risk theory,and discusses the factors that should be considered in construction.The ultimate purpose of the theoretical research is to guide the practice,this paper from the judicial practice,collect a large number of case decisions,the judicial practice of their own attributable causes of typology,to solve the judicial practice to make different decisions on the same subject,change the current situation of different judgment scales.In judicial practice,there are the following kinds of reasons for determining that I have attributable responsibility:I hand over the right of control of the appearance certificate of agency to others;I know that I have no right to act but not deny;there is a special relationship between me and the actor;the agency relationship terminates I have not recovered the certificate of rights or notified the relative person and others.From these specific In the judgment of cases,the superiority of risk imputation in civil and commercial cases is analyzed deeply.