再析表见代理性质与被代理人过失

Analysis of Prima Facie Agency and Default of the Principal

表见代理虽发生有权代理的效果 ,但将其归为有权代理却有诸多弊端 ,将其认定为无权代理则更具有合理性。对于表见代理是否应以被代理人过失为要件 ,应视构成表见代理的各种情形而定。

Regarding prima facie agency as authorized agency has some drawbacks, although it has the same results as authorized agency. It is more rational to regard prima facie agency as unauthorized agency. If the default of the principal is necessary to be a prima facie agency, it should depend on the different situations of the prima facie agency.