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Видимость полномочий в правоотношениях с банками: поиски и находки российских и английских судов
Disputes involving banks have had a decisive impact on the modern understanding of many private law institutions. The apparent authority is no exception. In classic cases, the bank acted as the principal and the courts protected bona fide clients who relied on the apparent authority. However, a new category of disputes is now being considered, when the bank itself refers to the protection of apparent authority as a third party at good faith. The article attempts to find the limits of the application of the doctrine of apparent authority to cases of online-fraud. The article provides current Russian judicial practice, as well as the first decision of the Supreme Court of the United Kingdom on a similar issue. The author comes to the conclusion that it is the criteria for protecting the apparent authority, rather than arguments about the form of the transaction or the contractual obligations of the bank and the client, that allow the court to take into account all the factual circumstances of the case and reach a legal decision.