For apparent agency,the protection of the reliance of the counterparty and the security of the transaction shall be seen as the fundamental values,the self-responsibility under the autonomy of the agent's intention is the inferior value.From the perspective of contextual interpretation,the normative expression of Article 172 of the Civil Code regulates the burden of proving the appearance of agency,the counterpart believes in good faith and without fault of the counterpart should be borne by the counterpart,which reflecting the fundamental value of trust protection in apparent agency.From the perspective of a system combining unauthorized agency and apparent agency,the burden for proving no imputability should be borne by the principal,reflecting the secondary value of apparent agency,otherwise it would be difficult to distinguish the difference between unauthorized agency and apparent agency in terms of remedies.Article 28 of the Judicial Interpretation for Civil Code stipula-ted that the principal must prove that the counterparty was in bad faith or negligent,which is inconsistent with the purpose of the apparent agency,contrary to the normative meaning of the Civil Code,the Supreme Court's intention to limit the abuse of apparent agency by raising the standard of"no-fault"was dispelled and may com-press the space of application of the unauthorized agency.
关键词
表见代理/可归责性/评价分层/证明责任
Key words
Apparent Agency/Imputability/Levels of value/Burden of Proof
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