On The Identification Of Apparent Agency In Sales Contract

There is a great controversy in theory and practice about the elements of agency by estoppel.This paper takes the case of "sincere company v.Wanxing construction company's sales contract dispute" as an example,focusing on two controversial focuses of this case: 1.Whether Zhou's behavior constitutes agency by estoppel;2.Whether Wanxing real estate company should bear joint and several guarantee liability.Through the discussion of the constitutive requirements of agency by estoppel in China and France,this paper puts forward the theory of "the elements of relevance".Based on the analysis of this case,it can be seen that Zhou Mou,the actor in this case,signed a sales contract with Wanxing real estate company in the name of his own Wanxing construction company,which is not authorized to act as an agent;because of the special relationship between Wanxing real estate company,the contract guarantor,and Wanxing construction company,the contract demander,it is reasonable for Wanxing real estate company,the bona fide counterpart,to believe that Zhou Mou has the agent right,and that he has Wanxing real estate company The behavior of Xing construction company and agent Zhou Yuquan is related.Therefore,we can draw the conclusion that Zhou's behavior constitutes apparent agency.Combined with the relevant provisions of the guarantee law,according to the fact that the contract involved in the case has no clear provisions on the way of guarantee,it is concluded that Wanxing real estate company should bear joint and several guarantee liability.Finally,on the basis of the above analysis,the author puts forward the standard of the constitutive requirements of agency by Estoppel and the thinking and suggestions on the differentiated treatment of the third party's obligations in agency by estoppel.