论无权代理的法律效果

On the Legal Effects of Unauthorized Agency

在民事法律实践中 ,有些民事法律行为因具备代理行为的表面特征而成立代理行为 ,但由于欠缺代理权 ,只能构成无权代理。无权代理发生何种法律效果 ,要区分不同情形而定。无权代理包括狭义的无权代理和表见代理。狭义的无权代理是一种效力未定的法律行为 ,可能发生代理无效的法律效果 ,也可能发生代理有效的法律效果 ;表见代理虽为无权代理 ,仍发生有权代理的法律效果。

During the process of practicing civil laws , some civil law behaviors can only form unauthorized agency, for the lack of procuration, although they can be called attorneyship, for the possession of the superficial features of attorneyship. What kind of legal effect may be caused by the powerless agency is conditioned by different situations. Unauthorized agency comprises the narrow-sense powerless attorneyship and the apparent one. The former is a kind of legal behavior without specific validity, thus presumably leading to the legal effects of valid agency ,as well as those of invalid agency. And the latter , although as a kind of powerless agency, still can produce the legal effects of authorized agency.