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The Positioning of the Imputability of the Principal in Apparent Agency

Author(s)

Wu Jie

Affiliation(s)

School of Political Science and Law, University of Jinan, Jinan, Shandong, China

Abstract

Whether the apparent agency should consider the imputability of the principal has always been a vague area in the field of agency. Due to the unclear constitutive elements, the phenomenon of different judgments in the same case has occurred, affecting judicial authority. From the perspective of comparative law research, extraterritorial law gradually recognizes this factor ; from the perspective of positive law, the three situations of apparent agency stipulated in the Civil Code need to consider this factor ; from the perspective of value orientation, apparent agency should take into account the interests of the principal and the counterpart. Therefore, the imputability of the principal should be considered in the apparent agency. In the absence of a provision in the law for the time being, it is expedient to find space for interpretation from the current provisions for imputability. It is of great applicability to interpret the imputability of the agent as the constituent element of the constitutive requirement that the relative person has reason to believe that the actor has the right of agency.

Keywords

Apparent Agency; the Imputability of the Agent; Explanatory Theory

References

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