Research On Civil Liability Of Powerless Agent To Counterpart In Narrow Sense

Article 171(3)of the Civil Code stipulates the responsibility of the unauthorized agent to the bona fide counterpart in a narrow sense.When the unauthorized agent acts,the bona fide counterpart can have the right to choose the way to bear the responsibility to the actor,and can choose to request to bear the responsibility for performance or damages;At the same time,it also stipulates the fault liability of the unauthorized agent to the malicious counterpart in a narrow sense,and applies the rule of fault offset,that is,the counterpart and the actor bear the responsibility according to their respective faults.Compared with the previous legislation,this article has made great progress,which makes clear the way of the responsibility of the unauthorized agent,that is,the actor,and the upper limit of the scope of damages is the loss of performance interest.However,there are still some problems that can not be ignored,such as the premise of the actor’s responsibility is not clear,the content of damage compensation is not clear and so on.Therefore,the legislation should be improved.This paper focuses on the civil liability of unauthorized agent in the narrow sense,which is divided into four chapters.In the first chapter,the definition of "unauthorized agency in a narrow sense" is defined.The author thinks that the actor should bear the legal special guarantee liability to the bona fide counterpart and the tort liability to the malicious counterpart.In the narrow sense,the general elements of the civil liability of the unauthorized agent to the opposite party include the act of unauthorized agent,the act without the confirmation of the principal,the exercise of the cancellation right by the bona fide counterpart,and the corresponding civil capacity of the actor.It also clarifies the limitation of the actor to the relative civil liability.The second chapter puts forward that the actor knows or should know that there is no agency right as the premise of the performance responsibility;By giving a narrow sense of the unauthorized agent the right to negotiate the way of responsibility,we can clarify the judicial application of the performance of responsibility and the performance of interest damage liability,and limit the right of choice of the bona fide counterpart in some cases.The third chapter takes the relative person’s subjective good and evil as the standard,respectively discusses the actor’s no fault liability to the bona fide relative person and the actor’s fault liability to the malicious relative person,clarifies the connotation of "bona fide",and puts forward some suggestions for improving the content of damage compensation.It is clear that the theoretical basis of paragraph 4 of article 171 of the civil code in the process of law application should be tort liability.The fourth chapter puts forward the situation of exemption of civil liability of unauthorized agent in narrow sense for bona fide counterpart and malicious counterpart respectively.