学界一直以来的通说认为由于古罗马出于简单商品经济发展阶段,没有借助他人进行经营活动的必要,加之罗马社会是一个家长制社会,家庭其他成员及奴隶被视为家长手足的延长,其行为的法律效果自然归属于家长。因此,罗马法是没有代理制度的,而且为求法律关系的简明,反而以“非其本人不得订立契约”为原则,委托代理的雏形是到了欧洲中世纪早期才出现的。~①但也有少 The academic circles have always said that since ancient Rome was out of the stage of simple commodity economy, there was no need for others to carry on business activities. In addition, Roman society was a patriarchal society. Other members of the family and slaves were regarded as the extension of their parents’ hands and feet. The legal effect naturally belongs to the parents. Therefore, the Roman law is no agency system, and for the sake of conciseness of the legal relationship, it is based on the principle that “no contract should not be made by itself”. The embryonic form of the agency commission came into being only in the early Middle Ages of Europe. ~ ① but there are less