英文摘要 |
Article 49 of the Contract Law is the full norm of the agency by estoppel. In Chinese empirical law system, other than the article 49, there are many articles about the legal effect of someone's conduct attributable to the name of the person who has not authorized the corresponding authority to the one. In the application of the law, the relationship between such norms and article 49 can he interpreted as the following: the norms of job conduct are just the non-full norm only with reference function; the representative norm is not different from the agency by estoppel in the structure, so the former can be replaced by the latter. In the constituent elements, attributable elements can be derived from the the fact 'relative person has reason to believe'. In the legal effect, Article 49 is not the determinative norms of effectiveness of legal action, but the attributable one. In addition, the relative person has no right of withdrawal under Article 48 (1). |