论企业法人越权与法定代表人越权

On Ultra Vires Act of Enterprise as Legal Person and that of Legal Representative

对企业法人越权行为与法定代表人越权行为的关系作出界定 ,有利于正确划分法人的内部责任 ,但我国现行立法并未对此作出规定。对企业法人的越权行为 ,法院应尽量作出有效确认 ;法定代表人的越权行为可分为表见代表和表见代表以外的无权代表。以此为基础 。

To define the relationship between ultra vires act of enterprise as legal person and that of legal representative can help to decide inside responsibility of enterprise as legal person. But the law in force of our country hasn't ordained about it. The opinion is given that the people's court in judicial practice should affirm ultra vires act of enterprise as legal person as valid as possible. Meanwhile, the ultra vires act of legal representative can be divided into apparent representation and other kinds of unauthorized representation. On this base , the author defines the relationship between them and decide inside responsibility of enterprise as legal person.