Zwischen konkludenter Bevollmächtigung und Verschulden bei Vertragsverhandlungen

The juristic basis of apparent authority, whereby consequences are derived from the mere appearance of authority, is unsettled. The justifications range from implied authority to estoppel and culpa in contrahendo. The work shows first that in German and English law apparent authority is a borderline case between contractual and non-contractual liability, and that both jurisdictions address similar questions. It then considers the qualification in European conflict of laws. It discusses how a legal institution that restricts private autonomy in order to protect reliance can be subsumed under the European concept of contract developed by the ECJ. Finally, it analyses apparent authority in German and English national conflict of laws.