The Confirmation Of Agency In The Contract Of Sale And Sale

The market economy of our country has developed rapidly in recent years,and the contract of sale and purchase is the most important way to deal with it.In "Luo Jia,Zhang v.a construction company,Luo Yi case in the case,the plaintiff Zhang Luo Luojia,and B a building gravel sales contract,and provide the gravel to Luo B,arrears but not to return,then,Luo a,Zhang to a construction company,Luo Yi was told to the court the reason is,Luo B is in the name of a construction company project department to make a contract,so a construction company should bear responsibility.In the subsequent negotiations,a construction company that entered into an agreement with the "internal contracting agreement" that the two sides are linked,and as a source to avoid legal liability.Plaintiff Luo Zhang,Zhang and the defendant Luo Yi insisted that the presence of apparent agency.Whether the two sides around the behavior of the formation of the apparent agency and whether a construction company should bear legal liability disputes.According to the relevant provisions of relevant theories,the legislation of our country academic circles and judicial practice of the case,through the analysis of two main issues,the author thinks that Luo B behavior is consistent with the apparent agency,a construction company and Luo B "internal contracting agreement" there is a link between,but not for a construction company the establishment of the link between the grounds to avoid legal responsibility.This is not the case,the apparent agency system has a very strong practical significance in the whole economic society,through the analysis of related cases accurately identified the apparent agency for social and economic development has a great positive role.