A Comparative Study in the Law of the Ostensible: Apparent Agency in the U.S. And Russia

Currents: International Trade Law Journal, Vol. 16, No. 1, pp. 63-69, 2007

7 Pages Posted: 12 Dec 2008

Date Written: 2007

Abstract

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.

Keywords: apparent, ostensible, agency, russia

JEL Classification: K19

Suggested Citation

Budylin, Sergey, A Comparative Study in the Law of the Ostensible: Apparent Agency in the U.S. And Russia (2007). Currents: International Trade Law Journal, Vol. 16, No. 1, pp. 63-69, 2007. Available at SSRN: https://ssrn.com/abstract=1314718

Sergey Budylin (Contact Author)

Roche and Duffay ( email )

Petrovka 15/13
Second Floor
Moscow
Russia

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