Analysis Of The Apparent Agency System

In this paper, through the study of the Chinese bank vs. East real estate cases in China tostudy the system of apparent agency, and the appearance of relevant stipulations haverelatively comprehensive understanding. For the system of apparent agency academicresearch has many aspects, but just not exhaustive. In addition, our law on the relevantstipulations are not comprehensive. Therefore, this paper mainly uses the method of caseanalysis method and comparative method on China’s apparent further research agency system.This paper is divided into four parts:The first part, overview and analysis of the case. This part of the Chinese bank v. Eastreal estate of the case described, the case through the first and second instance, main points ofview through a review clear some of the facts and described the second part of the appellantand appellee, the main point of contention is benefit to East real estate property nameassociated with the bank of China signed a mortgage contract whether the apparent agency.Through the analysis of the case shows, the Bank of China for not necessary review ofOriental Real Estate in accordance with the " loan general " and " Regulations " City realestate collateral management does not meet the requirements of the apparent agency relativeelements must be in good faith and without negligence. It was not apparent agency.The second part, China’s apparent status of agency system. This part is the priorityamong priorities the. This part is divided into three pieces. The first piece is apparent agencyoverview, including the concept and nature of the apparent agency. The apparent agency actorhas no power of agency, but is the behavior of the agent to let third people believe that theactor has the right and the behavior of transaction, legal effect caused by agent responsiblesystem. Properties that apparent agency belongs to a kind of unauthorized agency. Secondsmall pieces of apparent agency elements: first, an actor has no power of agency. Second, theexistence of rights reasonable appearance. Third, the relative people subjectively goodwillwithout negligence. Finally, the apparent agency which issues of that unauthorized agencyoccurrence is required and the rights of indigenous people behavior involved and askedwhether the agent has fault is also discussed. Third apparent legal agent. First, apparentagency, can ask the people responsible for the transaction relative person. Second, the originalowner of ostensible agency effect denied. Third, the relative people do have the right ofrevocation. Fourth, the rights of indigenous people ask for the behavior of humanresponsibility. The third part, the apparent comparison research agency. Based on continental lawsystem and Anglo-American law system countries on relevant stipulations or rules similar tothe agency system has a clear understanding of the world on the table. The civil law is listedin Germany, Japan, Taiwan of China law. The " German Civil Code " three law authorizedagent, tolerance, apparent agency grant fully embodies the characteristics of the Germansystem of apparent agency. The Anglo-American law system as the main case law as theorigin of law but not quoted ostensible authority and undeniable agent of many, the commonlaw in the apparent authority can be regarded as the continental law beyond the agencyagency by Estoppel and agent after the termination of the agency by estoppel, undeniableagent relationships of the genus since no agency agency by estoppel.The fourth part, discusses the improvement of the system of apparent agency.Considering the relative person must be without fault is apparent agency elements. Whensome special cases, although on the surface the establishment of reasonable right appearance,but people still should further scrutiny. But in China the system agent is not apparent to theprovisions and norms, so focus on the idea of constructing the relative review of obligations.The relative review obligation construction is very necessary, relative person is the mostsuitable candidate implementation review of obligations, from the economics aspect toconsider is the relative implementation is the best cost saving, of course the relativeimplementation review obligations also makes its own interests more effective protection andmaintenance, from a macro perspective is conducive to maintaining the China’s stableeconomic order. Discussed the need to place many, finally on how specific application inpractice of this system has also made preliminary planning. When the transaction amount orthe interests of the parties involved in a greater impact, relative person not and behavior ofpeople who worked, relative people need before deposit or advance payment, relative low costimplementation audit these events is required, relative person must implement such reviewthought. The reason is nothing more than once the deal does not influence the success ofrelative person is huge, or because the cost is relatively small.According to the Chinese real estate v. East real estate a case as the angle of view, mademore comprehensive, in-depth research on China’s system of apparent agency. At the end ofthe paper proposed relative review obligations also research in this area and improve thelegislation proposes personal suggestion.