Liability for Unauthorized Agency: In the View of China-Germany Comparative Law

DOI

10.2991/mshsd-17.2018.88How to use a DOI?

Keywords

unauthorized agency, German Civil Law, liability for statutory guarantee, subjective fault

Abstract

The establishment of the liability for unauthorized agency is essential to the protection of transaction security. It arises from the breach of declaration made by agent about his authorization, which leads to the existence of the guarantee based on law. This point has been reflected in the German Civil Law, and Section 179 has classified the liability according to the subjective fault of the agent. However, the Chinese legislation is still immature. It actually combines the contents of the first and second paragraphs of Section 179 of the German Civil Law. Whether the unauthorized agent realizes the lack of agency or not, they all bear the same legal responsibility, and the unified regulation creates controversy in legal practice. Through the study on the nature and the comparative research of law between Germany and China, this kind of liability can be understood clearly.

Copyright

© 2018, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Xiangzhen Yue
PY  - 2017/12
DA  - 2017/12
TI  - Liability for Unauthorized Agency: In the View of China-Germany Comparative Law
BT  - Proceedings of the 2017 World Conference on Management Science and Human Social Development (MSHSD 2017)
PB  - Atlantis Press
SP  - 458
EP  - 461
SN  - 2352-5398
UR  - https://doi.org/10.2991/mshsd-17.2018.88
DO  - 10.2991/mshsd-17.2018.88
ID  - Yue2017/12
ER  -