“依推定的权利人同意之行为”是指:与权利人在所涉事项的范围内具有一定关系的行为人,因无法明确知悉权利人的现实意志,而通过考察自身与权利人的特定关系,尤其是相互间的交往过程和客观存在的情势,以权利人的行为倾向为导向处置原本应由权利人自身处置事项的行为。行为人既可以为权利人的利益而进行推定,也可以为自己或第三人的利益而推定。在判断推定内容是合理时,不仅要考虑权利人的事后态度,更重要的是考虑双方因相互“特定关系”而建立的规范。一方面这类规范不能以不可容忍的方式危害社会,另一方面,其必须为行为人与权利人的交往划定界限,而非单纯地维护哪一方的法益。 “In accordance with the presumed obligee’s consent” refers to: the obligee in the context of the matter has a certain relationship with the relationship between the actors, because they can not clearly know the real will of the obligee, and by examining their rights and rights Specific relations, especially the process of interaction and objective existence with each other, and the behavior of the obligee should be treated as a guide to dispose of what should originally be handled by the obligee himself. The perpetrator can presume both for the benefit of the obligee and for the benefit of oneself or a third person. When it is reasonable to judge the presumptive content, it is more important to consider not only the attitude of the obligee after the fact, but more importantly, to consider the norms established by mutual “specific relations.” On the one hand, such norms can not endanger society in an intolerable manner. On the other hand, they must demarcate the actors and their rights holders, rather than merely safeguarding the legal interests of each party.