狭义无权代理合同法律效果探析

现行民事立法对狭义无权代理未被追认的法律效果设有明文,由无权代理人对相对人承担(民事)责任,但立法对无权代理人究竟承担何种性质与内容的责任却语焉不详,导致人民法院在民事审判实务中见解各异,判决理由与结果时有冲突,影响司法统一。本文拟借鉴德国、日本、中国台湾等大陆法系国家或地区典型的立法例及法学理论,对无权代理合同未被追认之效力、责任性质及内容进行梳理,并提出本文的思考与建议。

The present civil law does not proclaims legal effect of narrow unauthorized agency without being ratified in written docu- ment. The agent without authority bears （civil） liability for the counterpart. However, legislation does not clarify what is characteristic of liability and what is covered in it. Consequently, the people＇ s courts differ in their opinions of civil judicial trial, hence they have frequent controversy over the causes and effects of court decisions, which further affects judicial unity. Referring to the typical legislative cases and theories of law in the countries or regions of continental law system such as Germany, Japan or China Taiwan, the paper explores the effectiveness, the nature and contents of liability as well as put forward some ideas and suggestions.