Analysis On Case Of Dispute Of Contract Validity Between Wang And Yuan

If one party without the consent of the other, one spouse transfer theindividual-owned enterprises, there will constitute apparent agency when thecounterpart have a reason to believe the perpetrator with agency. The counterpart canbe apparent agency to claim the agent behavior effective. About the nature of theIndividual-owned Enterprise Law article15of the Change of registration ofIndividual-owned enterprises, currently there are two academic views: Managementnorms theory and Effectiveness norms theory. It should be registered when thechange of the investors of Individual-owned enterprises, otherwise it will underadministrative penalties in accordance with the laws, but it will not affect the effectof transformation. However, it is rather vague about the Individual-owned EnterpriseLaw article15, since the expression is not precise enough. It only regulates that thedate changing matters should be governed by law in the duration. But it does notspecify breach of the regulations which assume the responsibility and what about theeffect on behavior change. This loophole legislation led to a continuous controversy.The controversial focus of the case was that Yuan can with the king to see justsigned the "mining plant transfer agreement", How effective about the mining planttransfer agreement without the registration of change. The two main bone ofcontention, solve the selected cases, the party disciplinary joint property of husbandand wife of the agency problem and the effectiveness of the registration of change ofthe sole proprietorship enterprise.Finally, On the basis of the evaluation of two court sentences, a wife andhusband disposal of other matters other than the daily chores, In the third person ingood faith and without negligence should be handled according to the agency byestoppel. In addition about the regulation of registration of change of the soleproprietorship enterprise slightly blurred, through analysis on the advantages anddisadvantages of the administrative normative and effective norms, confirm theregistration of change for the administrative regulations, To facilitate the marketregulation and judicial affairs management and operation.