论代理行为中的意思表示

On the Intention in Agency Activities

代理行为中的意思表示是代理人自己的意思,只不过代理人在实施这一行为时表达了要为他人的意思,因此法律才将其后果归属于本人。代理人根据自己的判断独立决定意思表示,因而区别于传达。代理行为的后果直接由被代理人承受,代理人不受代理行为的约束,所以意定代理人无需具有完全行为能力。代理行为因意思表示的瑕疵或是否知情而受有影响时,应以代理人的情况进行判断。但是,如果该行为是受被代理人指示的意思而为时,应以被代理人的情况为判断。

The intention in agency activities is the intention of the agent in which the agent expresses that he/she is on the behalf of others when executing the agency, so that the legal effect is assigned to the principal. The agent makes independent intention on the basis of his/her own judgment, which distinguishes from the expression. The legal effect of the agency is directedly assigned to the principal, and the agent is not bound to the agency. Therefore, the meaning fixed agent does not need to have full capacity for civil conduct. The effect of the agency which is affected by the flaw of the intention or the awareness of the agent should be judged by the situation of the agent. However, in case that the agency is indicated by the intention of the principal, the legal effect should be judged by the principal＇s situation.