Where the person lacking agency authority , acting beyond his agency authority , or whose agency authority was extinguished concluded a contract in the name of the principal , if it was reasonable for the other party to believe that the person performing the act had agency authority , such act of agency is valid 第四十九条行为人没有代理权、超越代理权或者代理权终止后以被代理人名义订立合同，相对人有理由相信行为人有代理权的，该代理行为有效。
Liability for conclusion of a contract means a kind of civil liability which should be born by one party due to the party ' s own fault , which violates the obligation in accordance with the principle of good faith , and leads to a non - established , null and void or revoked contract , and therefore leads to the losses of reliance interest to the other party in concluding a contract 缔约责任是指在合同订立过程中，当事人因自己的过错违背依据诚实信用原则所生的义务，导致合同不成立、无效或被撤销，而致另一方信赖利益的损失所应承担的民事责任。缔约责任具有独立性，是债的发生根据之一。
Attention should be paid to some particular issues arising in the conclusion , modification and termination of telecom service contracts . for example , while concluding a contract , the service provider bears such obligations as compulsory conclusion and reasonable notification ; the principle of self - governance of the parties is not completely applicable in the modification and termination of contracts ; the parties ’ unjust enrichment and restitution in the termination of contracts 移动电信服务合同的订立、变更、终止都存在其特殊性问题:合同订立过程中移动电信服务经营者负有强制缔约义务和合理提示义务;合同的变更和终止并非完全适用“当事人自主协商”的原则;合同终止过程中还涉及双方当事人的不当得利及其返还问题。
Chapter one mainly formulates whether the nature of sailing date notice is quotation or invitation to quotation , whether booking is confirmation or quotation based on that the process of concluding a contract in the " law on contracts " , i . e . , quotation and confirmation enlightens the marine transportation contract conclusion ; through analyzing the process of concluding liner transportation contract and voyage chartering contract , tries to find out the concluding rules to marine goods transportation contract so as to supply theoretical and legal evidences to better understand the effect of concluding marine transportation contract ; determines the contractual rights and obligations of both parties in the marine goods transportation contract through analyzing the rescission and suspension of marine goods transportation contract 第一章从《合同法》中关于合同订立过程(即要约与承诺)对海上货物运输合同订立的启示，主要论述船期公告的性质是要约还是要约邀请，订舱是承诺还是要约，通过对班轮运输合同和航次租船合同订立过程的分析，试图找出海上货物运输合同的订立规则，为更好地理解海上货物运输合同成立的效力提供理论和法律依据。通过对海上货物运输合同解除和中止的分析，来确定海上货物运输合同中合同双方的契约权利和义务。
