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在处理企业法人代表机关越权行为的效力问题及相关当事人的关系问题上,我们是准用无权代理的规则来进行处理,但代表与代理毕竟是两种不同的制度,我国应构建一种表见代表制度以区分于表见代理制度。本文从我国表见代表制度的立法现状入手,从企业法人与善意相对人的关系、企业法人代表机关与法人的关系、表见代表机关与善意相对的人关系三个方面阐述了我国表见代表制度的构建。
We should use the rules of non-authorized agents to handle the issue of the effectiveness of the ultra vires of the legal representative bodies of enterprises and the relationship between the parties concerned. However, the representative and the agent are two different systems after all, and our country should set up a table See the representative system to distinguish between the representation agent system. This article starts from the current situation of the legislation of representative system in our country, and expounds the relationship between representative corporation and relatives in good faith in the relations between corporate legal person and relatives with good intentions, the relationship between corporate legal representative and legal person, System construction.