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民事代理是一项重要的民事法律制度。根据民法中所规定的民事代理的成立要件和生效要件,通过对民商事活动中常见的、习惯上常被称为代理的几种行为的分析,可看出它们在形式上类似代理,但是实质上不能充分符合民事代理的构成要件,并非民法上所说的代理。厘清民商事活动中不真正代理行为的特征,对解决实践中相关纠纷具有重要意义。
Civil agency is an important civil legal system. According to the establishment requirements and effective conditions of civil agency stipulated in civil law, we can see that they are formally similar agents through the analysis of several behaviors that are common in civil and commercial activities and are often referred to as agents. However, the essence Not fully meet the constitutional requirements of civil agency, civil law is not the agency. Clarifying the characteristics of unrepresentative acts in civil and commercial activities is of great significance in resolving disputes in practice.