论表见代理

On Agency by Estoppel

行为人虽无代理权,但只要善意且无过失的相对人有充分理由足以相信其有代理权,就可推定该代理行为有效,即成立表见代理。表见代理的构成要件包括:行为人无代理权、相对人有理由相信行为人有代理权和相对人主观上善意且无过失。符合构成要件的表见代理,具有与有权代理相同的法律效力。

Though the doer has no power of agency, if only the correspondent party who behaves out of kindness and has no fault, has every mason to believe his power of agency, then it can be deduced that the behaviour of agency is effective, which has formed the agency by estoppel. The essential components of the agency by estoppel includes ： the doer has no power of agency; The correspondent party has every reason to believe that the doer has the power of agency; The correspondent party, subjectively, behaves out of kindness and has no fault. The kind of agency which accords with the above essential components has the same legal effect as the authouized agency.