كلية القانون

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الوكالة الظاهرة : دراسة مقارنة
(جامعة النيلين, 2005) ايمن محمد زين عثمان
Abstract Ostensible agency- Generally, agency emerges out from three main sources. These are : . 1- actual authority by express agreement , 2- actual authority by implication, 3- actual authority derived from usual or customary authority. In fact the study is dealing with agency which is not derived of either of the foresaid sources, that which is called apparent or ostensible agency. i.e agency by estopell. The said agency arises where the principal holds out a person as his agent for the purpose of making commercial transactions with a third party who relies on that fact. The theory is based on a fact that the principal is procluded from denying a position created and supported by his behavior to the extent that 3'“ parties relied and acted innocently upon it. Consequently the principal, by such a conduct ought to bear all obligations arising out of concluded conduct though not expressly or impliedly consented to. The establishment and application of the ostensible agency is essentially greatly required for the conconsistency, stability and certainity of commercial transactions. The these came to conclusions and certain recomendations which ought to be regarded on future legislation in this respect.