Kernrechtsfrage
Whether an auction award is valid when the bidder lacked authority to bind the alleged principal and no later ratification occurred.
Extrahierter Entscheid
A bid binds the principal only if the bidder was authorized to bid; without authorization and without subsequent ratification, the auction award is invalid.
Extrahierte Begründung
A legally effective bid is required for a valid auction award. If the bidder acted for a third party, Art. 32 OR applies. Where there was no power of attorney and no later approval, the award cannot acquire legal effect. Such a defect may be invoked at any time by the principal, because a legally irrelevant or nonexistent will cannot be given effect by debt-enforcement authorities contrary to civil law.