Regarding prima facie agency as authorized agency has some drawbacks, although it has the same results as authorized agency. It is more rational to regard prima facie agency as unauthorized agency.
表见代理虽发生有权代理的效果,但将其归为有权代理却有诸多弊端,将其认定为无权代理则更具有合理性。
If the third party performs in the obligor's name, it shall be defined as unauthorized agency.
若第三人是以债务人的名义履行,应属无权代理。
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