| The apparent manager is the person who has the appearance of the manager but heis not the real manager.He is usually given the name similar to manager that this namealways be mistakenly believed by the third person in good faith. The apparent managerhas the same right to the real manager except the right of litigation. The law of theapparent manager can balance the benefit between the enterprise and the third person ingood faith well, the institution bases on the theory of the principle of appearance incommercial law, its constitutive requirements include three aspects: subject element,appearance element and subjective element. The subject element is that the actor is theapparent manager that who has the appearance of the manager but is not the realmanager, given the name similar to manager. The appearance element is that the actorhas the appearance of manager. The subjective element is that the third person do thebusiness with the actor must in good faith well. The law of the apparent manager is aimportant part of the commercial law, we must pay more attention to it. For theconstruction of the apparent manager institution, Japan and Korea give us a lot ofexperience, but we must also think about our country’s basic condition. |
