“效力未定的合同”悖论

The Paradox of “Pending Contract”

限制行为能力人超越其行为能力限度所定合同无效,法定代理人追认仅是对行为后果的接受而非对行为效力的补正。法定代理人对行为后果接受实质是其和相对人间的缔约行为。无代理权人以被代理人名义订立的合同对被代理人不产生效力,被代理人不是合同的当事人而无法补正,被代理人的追认也是对行为后果的接受。追认和"以被代理人的名义"结合实现了合同权利义务的概括移转。无权处分针对的是履约行为而非订约行为,无权处分人订立的合同只要符合合同有效要件就是确定有效而非效力未定。

Limited capacity beyond its limits set by the contract shall be invalid. The ratification by the legal agent is only part of the consequences of behavior to accept rather than the corrections of the effectiveness. Legal agent＇s acceptance is in essence the consequences of behavior and relative to the contracting behavior of the other party. A contract signed by a person with no agency right in the name of the principal does not produce effectiveness on the agent. The agent cannot be corrected for he is not the person concerned in the contract and his subsequent ratification is the acceptance of the consequences of behavior. A combination of ratification with ＂in the name of the agent＂ realizes the transfer of the contract rights and obligations. Unauthorized disposition is on the performance behavior rather than the contracting behavior. The contract signed by the unauthorized disposer can be confirmed effective as long as it meets the requirements of the valid contract. ＂Pending contract＂, therefore, is not a legal concept of the legal logic.