一、委托的本质——一种契约之债我们经常讲到的委托是指民法意义上的委托合同,是一种契约关系。委托是一种比较古老的合同类型,早在古巴比伦王国的《汉谟拉比法典》中就曾有关于委托合同的专门规定。但是,南于早期的罗马社会中,法律行为盛行烦琐的程式,当事人必须事必躬亲,所以,当时的委托和代理制度并不发达。一直到罗马帝国时代,由于商品经济的发展和繁荣,商品的流通与交换更加频繁,出现了船东委任“会说话的工具”——奴隶或自由人为船长、商人委任奴隶或自由人为生意主管、对子女由法定代理人监护的做法,委托及代理制度逐渐兴起,法律遂承认委托为合意契约中的一种。随着社会经济 First, the nature of the commission - a contractual debt We often talked about the commission refers to the commission of civil law contract is a contractual relationship. Commissioned is a relatively ancient type of contract, as early as in the Kingdom of Babylon, “Hammurabi Code” there had been on the commission contract specific provisions. However, in the early Roman society, legal procedures were prevalent in cumbersome procedures, and the parties must be courteous. Therefore, the entrustment and agency system of the time was underdeveloped. Until the Roman Empire, due to the development and prosperity of the commodity economy, the circulation and exchange of merchandise became more frequent. There was a “vessel-to-language tool” that the shipowner appointed. "- Slave or free man for captain, merchant to appoint slave or free man for business Supervisor, the legal guardian of their children’s custody, commission and agency system gradually rise, the law then admitted to the commission as one of the desired contract. With the social economy