Second, the above-mentioned legal provisions: agency by estoppel 1, agency by estoppel means that although the actor has no agency, his own behavior has caused enough appearances to convince a bona fide third party that he has the agency, and he will engage in agency with a bona fide third party and bear the legal consequences himself.
2. The significance of stipulating agency by estoppel lies in maintaining the good faith foundation of agency system, protecting the legitimate rights and interests of bona fide third parties and establishing normal civil circulation order.
Third, the characteristics of apparent agency 1, the actor carries out unauthorized agency behavior, that is, the actor has no agency right, exceeds the agency right or concludes a contract in the name of the principal after the agency right is terminated;
2. On the basis of certain facts, the counterpart thinks or thinks that the actor has the power of agency, and signs a contract with the actor on this basis. The facts relied on by the counterpart include two aspects: first, the principal's behavior, such as the principal knowing that the actor entered into a contract in his own name and not denying it; Secondly, the counterpart has legitimate objective reasons, such as the business introduction letter of the actor, the special seal for the contract or the blank contract stamped with the official seal.
3. Subjectively, the relative person is in good faith and there is no fault. Since it belongs to an unauthorized agent, it should be allowed to bear the consequences. However, it should not be ignored that the acts and omissions of the principal have caused the superficial phenomenon of the agency right, which has aroused the trust of the bona fide counterpart, and its interests are related to the transaction safety of the whole market.