A Comparative Study in the Law of the Ostensible: Apparent Agency in the U.S. And Russia
Roche and Duffay
Currents: International Trade Law Journal, Vol. 16, No. 1, pp. 63-69, 2007
Authority is the power of an agent to bind the principal, originating from principal's manifestation to the agent. Apparent authority is the power of a non-agent to bind the purported principal, originating from principal's manifestation to a third party. Estoppel allows for the liability of the purported principal for actions of a non-agent if the purported principal is responsible for a third party's believing that the non-agent is an agent. A purported principal may give full force to non-agent's actions by way of later ratification. In Russia, agency is much less fundamental notion than it is in the U.S. "Apparent agency" and "agency by estoppel" are unknown to the Civil Code. However, certain provisions of Russian law parallel relevant provisions of U.S. law, sometimes effectively creating apparent agency powers.
Number of Pages in PDF File: 7
Keywords: apparent, ostensible, agency, russia
JEL Classification: K19Accepted Paper Series
Date posted: December 12, 2008
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