Secondly, after signing the “Steel Supply Contract” with Wang Chuanhua, Wang Chuanhua transported the steel to the construction site according to the agreement.
The second instance judgment also finds that the first fact can not be inferred from the later fact.
Subsequently, the supplementary agreement signed between Shiyan Linsen Real Estate Development Co., Ltd.
Therefore, the reason for the application of Industrial and Construction Third Company regarding the second instance judgment exceeding the litigation request cannot be established.
Proficient in construction engineering, real estate, corporate legal counsel, equity disputes, mergers and acquisitions, various contract disputes, and criminal defense.
The second instance judgment finds that agency by estoppel breaks through the principle of Privity of contract, and contradicts with the identification of Zhang Liangyi as the actual constructor.
Proficient in various types of company legal affairs such as equity transfer, asset acquisition, restructuring and merger, contract drafting, mortgage guarantee, creditor’s rights and debts, labor contracts, work-related injury compensation, etc.
in Shiyan City, Zhang Liangyi signed in the contractor column as the authorized agent of Industrial and Construction Third Company, and stamped the official seal of Industrial and Construction Third Company.
Professional experience: Served as a long-term legal advisor for architectural design, construction enterprises, real estate development enterprises, and government departments.
2、 Regarding the issue of whether the law applicable to the joint liability of Industrial and Construction Third Company and Zhang Liangyi in the second trial is correct and whether it is beyond the scope of litigation claims.
The first and second judgments ordering him to assume joint liability for repayment is a mistake in the application of the law, and other reasons cannot be established.
Professional philosophy: Always adhere to honesty and trustworthiness, diligence and responsibility, excellence, strict confidentiality, and maximum protection of the legitimate rights and interests of the client!.
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To sum up, the behaviors of the Third Engineering Construction Company regarding Zhang Liangyi do not constitute agency by estoppel.
2687 Civil Judgment Date: November 21, 2015 Case Source: China Judgment Document Network Reexamination Applicant (first instance defendant, second instance appellant): Hubei Industrial Construction General Contracting Group Third Construction Engineering Company Respondent (first instance plaintiff, second instance appellant): Wang Chuanhua Respondent (first instance defendant): Zhang Liangyi Case Fact 1 Regarding the issue of whether Zhang Liangyi’s purchase of steel from Wang Chuanhua constitutes an apparent agency.
He graduated from Tianjin University of Science and Technology with a bachelor’s degree in 1990 and began practicing law in April 2009.
Therefore, although Zhang Liangyi signed the “Steel Supply Contract” with Wang Chuanhua in his own name, based on the above facts, Wang Chuanhua has reason to believe that Zhang Liangyi’s behavior represents Industrial and Construction Third Company, and the second instance judgment accordingly determines that Zhang Liangyi’s behavior constitutes an agency by estoppel, in accordance with Article 49 of the Contract Law of the People’s Republic of China.
Later, when settling the settlement, Wang Chuanhua and Zhang Liangyi indicated “Zhang Liangyi from Provincial Construction Third Company” in the settlement and delivery list of the supplied steel.
During my practice, I have served as a permanent legal advisor for various units, including government departments, large state-owned enterprises, state-owned enterprises, and private enterprises.
However, due to Zhang Liangyi’s willingness to bear civil liability in both the first and second trials, which has already constituted the addition of debt, it is not inappropriate for the second instance to order Zhang Liangyi and Industrial Construction Third Company to bear joint liability for repayment.
Having rich experience and ability in reviewing various contracts and handling various contract disputes.
Provide full legal services for architectural survey, design, construction, real estate development and construction, equity transfer, asset acquisition, restructuring and mergers and acquisitions.
Regarding agency by estoppel, Article 49 of the Contract Law of the People’s Republic of China stipulates: “If the actor has no agency power, exceeds the agency power, or enters into a contract in the name of the principal after the agency power is terminated, and the other party has reason to believe that the actor has agency power, the agency action is effective.” Firstly, when signing the “Shui’an Xindu” real estate project construction contract with the employer, Linsen Real Estate Development Co., Ltd.
If there is any infringement, please contact us to delete it.
Judgment Document: Supreme People’s Court (2015) Minshenzi No.
Currently, he is a senior partner in equity at Beijing Yingke (Urumqi) Law Firm, deputy director of the Construction Engineering and Real Estate Legal Affairs Department, and a member of the Construction Engineering Professional Committee of the Xinjiang Lawyers Association.
Based on this, the first and second instance judgments determined that Zhang Liangyi and Industrial Construction Third Company should bear joint liability for the debt involved in the case, and did not exceed Wang Chuanhua’s litigation request.
Secondly, when Wang Chuanhua filed a lawsuit, he demanded that Zhang Liangyi bear the liability for repayment, and that Industrial and Construction Third Company bear joint and several liability for repayment.
In terms of litigation, we have accumulated rich litigation experience by handling a large number of major, difficult and complex construction project construction contracts, EPC general contracting contracts, real estate disputes and other litigation cases.
During the performance of the construction contract, Zhang Liangyi was fully responsible for the construction of the project and set up his office at the project site.
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Based on this, it should be recognized that the Third Engineering Construction Company recognizes Zhang Liangyi for carrying out construction activities in the name of the company.
(Party A) and Industrial and Construction Third Company (Party B) was also signed by Zhang Liangyi in the party B column.
Firstly, Zhang Liangyi’s behavior constitutes a prima facie agency, which should have been the responsibility of the agent, Jiansan Company.
Therefore, in the case where Gongjian Third Company assumes joint and several liability that does not comply with the legal provisions, it should not assume joint liability for the debt of Zhang Liangyi.
Lawyer Zhang Yifeng, male, Han nationality, graduated from Tianjin University of Science and Technology with a bachelor’s degree in 1990.
The original intention was to require both parties to bear corresponding responsibilities for the debts involved in the case.
Represented a large number of major and complex litigation cases related to the company, such as shareholder identity, equity disputes, and shareholder’s right to know.
