Representative In Fact

The50thof contract law of Chinese people’s is about the rule of representative in fact. Aboutthe beyond the authorization, this article think that it is the representative’s act beyond her or hisauthorization, but not beyond the business scope, the10thof the supreme people’s court about thefirst explanation of contract law is not the explanation of50thof contract law, because thisexplanation will infer contract between legislation and legal explanation, this explanation should beto the explanation of the52th. About the appearance of representative in fact, this article think thatit conclude the behavior of beyond authorization, the counter—part have reasons to believe that thepeople have representation, the counter—part is good-will and no-fault, the counter—part trust therepresent, the real right holder have fault. About the result of representation in fact, this article thinkwe should find the scope of representative, although the company’s constitution limits therepresentative’s right, the company’s constitution can’t confront the goodwill person.