نوع مقاله : پژوهشی
1 دانشیار دانشکده حقوق دانشگاه شهید بهشتی
2 کارشناسارشد حقوقخصوصی دانشگاه شهید بهشتی
عنوان مقاله [English]
By development of commerce and significant speed of commercial Transactions, Specialization of affairs, existence of increasingly varied needs, Formation of legal Entities, formation of universal economy and many Other Factors, direct actions And stewardship for all legal activities have Been reduced. Such issues reinforce The importance and necessity of attention to agency institution. Among the different types of agencies, apparent agency is one of the most Important and practical and also the newest kind of agency which is a Combination of two theory: theory of agency and theory of appearance. According to a general principle of agency field, an unauthorized agent is Not Able to bind his principal to contract with third parties. Apparent Agency is its Exception. Despite of being exceptionality, apparent agency has been realized And accepted in two main legal systems – common law Systems and civil law Systems - and also in different countries regardless of Level of development. This theory has new scopes and applications that in our legal system have not been considered by legislators, judges, and legal writers. This article introduces these applications that have been used by countries specially in common law systems in recent years and also will introduce some model of legislation in relation with entering this theory into the civil law systems.
الف ) منابع فارسی
ب ) منابع انگلیسی
available at: http://www.chicago medical mal practice attorney-blog.com/2012/03/Hospital- not-liable-on-theory-of-apparent-agency-Rosenfeldt-V-Burke-Medical-group.html.