On The Identification Of Apparent Agency In The Construction Project Disputes

With the development of commodity economy,the agency system,which is produced and constantly improved,plays an increasingly important role in the development of modern economy because it has the capacity to supplement and expand the civil subject,enrich the civil subject's freedom,and make the party's autonomy of will be truly realized.As an important part of the agency system,apparent agency is widely used in the disputes of sales,lease and loan contracts,especially in construction projects.It has a positive significance in balancing the interests of the principal and the third party,ensuring transaction safety and promoting transaction efficiency.Ostensible agency from objective in terms of the offender is no agency but are formed with the agency the right to the appearance,from subjective aspect is the counterpart of the perpetrator goodwill unerringly to produce reasonable trust,in addition,the ostensible agency shall examine whether the agent on the surface of an imputation this factor,the principal rights and the generation of surface,whether there is a connection between the apparent agency identified in the need to consider the right of the appearance and the other party reasonable trust shall be at the same time agent and right the formation of the appearance is relevant.