The Actual Construction Of Other Party Liability And Construction Of Judgment Pattern Of Ostensible Agency

The agency by estoppels originally is always the difficult problem of commercial trial practice, particularly to wade construction engineering business, lease, loan contract. Because callings, subcontract, illegal subcontracting behavior is common in construction market, construction engineering construction in the name of the people and the actual construction of people from each other, causing for construction of commercial cases, due to the actual construction and site staff appearance and real rights conflict agency by estoppels originally, as a result of recognition of the problem.In recent years, the court cases has been rising, a significant number of actual construction people hiding flight due to unable to repay debts, creditors the actions to be directed at the overall contracting units. Is involved in the construction of commercial (?) of (?)bie agency identified problems due to various places have different understanding, connection with different sentence is more outstanding, has now become the commercial trial urgently needs to solve the problem. Ostensible agency identified problem:how to judge whether the behavior of the actor in specific cases constitute ostensible agency is the key to solve the above problem. First, this paper introduces the theory of agency by estoppels originally, and from the practice in the construction market of questions related to the carding of the involved controversy and confusion in the process of engineering construction case, this article focuses on the construction of judgment pattern of ostensible agency of the related in this paper. In this paper, the structure of the main are as follows:The first part:a brief introduction to the concept and theory of the agency by estoppels system roots.The second part:comb and introduced. Outstanding problems in construction market comb and ostensible agency for the introduction of the related problems in the current construction projects and related concepts. The third part:analysis and construction. This part is mainly about the agency exterior surface types and strength analysis, trust rationality judgment of value and judgment skills as well as the other party good without fault determination of subjective factor of the problem.The practice of case processing steps in generalizations.The harmonic way of dispute resolution, in order to achieve the maximization of interests.