Валидиране на действия, извършени от името на търговец без представителна власт
Validation of Actions Performed by Unauthorized Agent on behalf of a Merchant

Author(s): Miroslav Dimitrov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: unauthorized agent; merchant; commercial transactions; arbitration agreement; validation
Summary/Abstract: The report deals with some issues regarding the scope of application of the provision of Art. 301 of the Commercial Law (CL) and the rule character as well. According to that provision the acts of an unauthorized agent performed on behalf of a merchant seems to be affirmed tacitly. The author argues that the provision of Art. 301 of the CL establishes irrebuttable presumption. The main thesis is for application the same rule to non-commercial transaction as the acts are performed by unauthorized agent on behalf of a merchant. The author criticizes the narrow interpretation by jurisprudence of that provision bringing argumentation in the opposite. He argues the scope of application of Art. 301 of the CL also regarding an arbitration agreement or a clause included in a commercial contract.

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