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无权代理是仅欠缺代理权之代理,在不获本人追认的情况下,无权代理人必须对第三人承担民事责任。这是一种特殊的法定之责任,非契约之债,也非侵权责任。我国可借鉴德国立法经验,根据无权代理人善意与否而异其责任。另外,本文中也探讨了几种特殊的情况。
Unauthorized agency is the only proxy for lack of agency, without my approval, the agency has no right to third parties bear civil liability. This is a special legal responsibility, non-contractual debt, non-infringement liability. Our country can learn from the experience of German legislation and make its own responsibilities according to whether the goodwill of an unauthorized agent is good or not. In addition, this article also explored several special circumstances.