The Person In Charge Of Construction Project Is The Identification Of The Agent

The characterization of the borrowing behavior of the person in charge of the construction project and the identification of the apparent agent exist in a large number of judicial practice.Starting from the case of "Huang and Sichuan Group Co.,Ltd.,Zhao a private loan dispute",combining with the understanding of relevant laws and regulations and their judicial interpretation,this paper summarizes and analyzes the controversial focus of the case: 1.Whether Zhao’s borrowing from Huang in the name of a project department of Sichuan Group Co.,Ltd.constitutes a apparent agent;2,Zhao,Sichuan Group Co.,Ltd.should bear what kind of legal responsibility.Through the analysis,it is found that the borrowing in this case is real and applied in the project,and Zhao of the project owner,who borrowed money from Huang in the name of the project department,is an act of powerlessness,because the bona fide counterpart Huang has reason to believe Zhao,the project leader,has the appearance of agency Power,and Sichuan Group Co.,Ltd.and the emergence of the right appearance is related,thus constituting the apparent agent behavior.Therefore,Sichuan Group Co.,Ltd.as a representative of the agent and the attribution of interests should bear the responsibility of repayment.Finally,on the basis of the research of this case,this paper puts forward some thoughts and suggestions on the legal significance of the seal in the identification of the apparent agent and the relationship between the agent and the appearance of the right.