On The Apparent Agency

Agency is designed on behalf of the principal, while the apparent agency breaks free from the traditional agency theory in which the authority keeps a restraint on the agent's action and in order to protect the third party acting in good faith. The law requires the principal to bear the legal liability resulting from the action of the unauthorized agent. In the event that the third party has reasonable reason to believe that the "agent" has been authorized. The apparent agency always involves the'conflict of the two justified interests between the principal and the third party, which calls for a cautious application of the apparent agency. This thesis makes a research into some concrete theoretical and applicable problems of the apparent agency, with a view to mitigating the aforesaid conflict by adjusting the constituents and legal effects of the apparent agency: the thesis consists of five parts with approximately thirty six words:Part I makes a general introduction to the concept of the apparent agency, the theoretical Bases of the apparent agency and the developing tendency of the apparent agency. Then points out that it is a necessity requisite of the apparent agency that the principal has subjective fault in. While the development of modern economic and technique introduces some new changes to the apparent agency, such as the expansion of its application, the intensifying of the obligation of the third party and the change of the liability bearing.Part II explores the necessity and feasibility regarding the principal's fault as a constituent of the apparent agency from theoretical and practical perspectives. In theory, the author demonstrates that consideration should be given both justice and order, to which the presumption of liability of the principal caters. And in proactive the author proves that the apparent agency will nottake place without the principal's fault as a result of textual research into the legislative practice in German Japan and Anglo-American legal system and the judicial practice in China.Part III is about the application of the apparent agency. Which was limited by the area of the application of the apparent agency from the perspective of action, the category agency and the principal, because the apparent agency has conformed to the apparent requisition of the agency; the scope of application of the apparent agency depends on the scope of agency. With the development of the agency, whether the new agency is applied to apparent agency is an important question to protect the third party.Part IV discusses the apparent agency in the management and operation. The apparent agency inevitably takes place in the corporation and partnership, which are formed according to the agency. In this part, the author deliberates the causes of the apparent agency in corporation and partnership, the category of the apparent agency and the agent's authority by sufferance, which can be used to distinguish the apparent agency in the management and operation.Part V. analyzes the current legislation situation of the apparent agency. In this part, the author thinks that the apparent agency has been provided in the general rules of civil law and the general legislative mode is not conformity with the apparent agency. For this reason, the author suggests that the model of generalizing legislation plus listing Legislation should be adopted to construct the apparent agency in china. In additional, the author advocates that the implied authority and intensifying of the third party should be used to consummate the apparent agency.