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作为代理关系最常见的存在形式,意定代理在民商事领域扮演着重要角色,而对于意定代理中法律效果归属的认定,首先要正确认识代理权授予行为与原因行为之间的关系。对此,我国民法通则明确了代理权授予行为的独立性,但对于代理权授予行为的无因性并没有作出规定。实际上,代理权授予行为与原因行为之间的关系不可一概而论,应当根据代理权授予方式的不同区别对待。
As the most common form of existence of agency relationship, Italian agency plays an important role in civil and commercial affairs. For the determination of attribution of legal effect in Italian agency, we must first correctly understand the relationship between agency-authorized behavior and cause and action. In this regard, China’s Civil Law General clearly defines the independence of the act of delegating authority, but there is no stipulation about the non-cause of the act of delegating authority. In fact, the relationship between the act of delegating authority and the act of reason can not be generalized, and should be treated differently according to the way of delegating authority.