善意相对人行使撤销权后之无权代理人责任

The Liability of Unauthorized Agent af-ter a Bona Fide Counterpart Exercises the Right of Rescission

摘要: 《民法典》第171条第2款中相对人的“善意”应为相对人“不知”行为人无代理权，与本条第3款相对人“不知且非因过失而不知”行为人无代理权采不同理解。善意相对人行使撤销权之后，能否依本条第3款主张无权代理人责任取决于相对人是否就不知行为人欠缺代理权存在过失。只有当相对人非因过失而不知行为人欠缺代理权时，才能依本条第3款向行为人主张法定无过错赔偿责任，赔偿范围以履行利益为限。

Abstract: The bona fide counterpart in Article 171, Paragraph 2 of the “Civil Code of the People’s Republic of China” should be a person who does not know that the actor has no agency, which is different from the counterpart in Paragraph 3 of this article, which is the person does not know that the actor has no power of agency without negligence. After the bona fide counterpart exercises the right of rescission, whether he can claim the liability of an unauthorized agent in accordance with paragraph 3 of this article depends on whether the counterpart is at fault for not knowing that the actor lacks the right of agency. Only when the counterpart does not know that the actor lacks agency rights due to no fault, can he claim the statutory no-fault compensation liability against the actor in accordance with paragraph 3 of this article, and the scope of compensation is limited to the performance of interests.