The Research On Agency Appearance In Commercial Agency

The agency appearance in commercial agency refers to appearance of right that occurs in the commercial field,is recognized by social concepts,conforms to the general commercial trading habits,is able to characterize the actor has the agency right,the agency appearance has a basic carrier of representation with external publicity,is sufficient to make the unspecified counterpart produce universal objective and reasonable trust,and the formation of the agency appearance is not true intention but the principal have attributable factors.Its extension includes agency appearance and agency right appearance,and the scope limit is limited by factors such as commercial field,external publicity,trust for specific transaction objects,and the formation t ime of appearance,and there are different classifications of the proxy appearance according to different standards.The factual basis for determining the appearance is embodied in the objectivity,non-truth and trustworthiness of the appearance facts,and the jurisprudential basis is mainly the protection of the reliance interest,the principle of balancing interest and socialism,and there is a corresponding legal basis.The establishment of the agency appearance shall be comprehensively considered from the four aspects of the rationality of the appearance facts,conforming to general social common sense and business habits;legality,legal filing,legal authorization and legal identity;authenticity,objective and true appearance evidence,non-single and mutually corroborative of the evidence chain;and the relevance of the appearance facts and agency right.The specific forms of the agency appearance in commercial agency include the special appearance of the law,the identity of the legal representative,manager,other job agent,etc.,the authorization entrustment certificate,the official seal,the bill,etc.,as well as the fact that the person has no objection to the act of not having the right to act as an agent,the specific trading environment,the regular behavior and other business habits.Multiple appearance facts presented in the same occasion should be considered compositely and dynamically judged.Based on the legal value goal of balancing the protection of trust with private autonomy,the requ irements for personal attribution should be established and included in the scope of interpretation of the counterparty having reason to believe.Specifically,the principle of fault,the principle of inducement,and the principle of risk should be applied in order to comprehensively judge the attributability of the person,and at the same time,the degree of reliance of the counterparty should be dynamically considered.When the person is at fault,the recourse model is applied,and if he is not at fault,he shall bear the consequences of apparent agency in the same order as the actor,and the bona fide counterpart shall make the free choice of the right to claim.The principal only liable for legal and effective legal acts carried out by the actor to the o utside world within the scope of the matters contained in the field of my own business,the authority of the actor,and the authorization certificate.