Rights Of Representation And Its Private Law Disposal Rules

Fake right appearance is a common phenomenon in private law, and the private law itself must make a response to this phenomenon, thus, the rule of fake right appearance has taken shape. The article firstly concentrates on discussing the disposal of fake right appearance in private law, especially regards the fake right appearance as the real disposal way. Then, the author makes a full study to these aspects: legal composition of fake right appearance, the function and theoretical basis of fake right appearance, the criterion to respect or deny fake right appearance, and its effect in justice, which can go step further to understand the theory of fake right appearance, especially can play a guidance role in judicial practice. Moreover, the establishment of the rule of fake right appearance shall be benefit to making up the deficiency of specific system and shall provide a basis to the blank situation in law.At first, it is an introductory remark. The author summarizes the general character of fake right appearance from several judicial judgments: there is indeed the phenomenon of fake right appearance in the real world, and the courts usually regard the fake right appearance as the factuality when dealing with it.Chapter 1 emphasizes on discussing the fake right appearance and its modes of expression. The fake right appearance means false right manifestation, and the right manifestation is a specific exterior form to express right. Whether the right manifestation is needed depends on its intrinsic function and the character of the right. The right manifestation is a kind of mirage, it delivers false right information and provides basis for the reliance of the third people with good-faith. The existence of fake right appearance results in the conflict between ostensible right and the real right. Contrasting to right manifestation, the fake right appearance appears various modes of expression, which, on one hand, depends on whether there is stipulation about right manifestation, on the other hand, depends on usual trade practice.How does private law deal with the fake right appearance? The general rule is that law shall pursue the factuality of life and shall regard the real right as the criterion to determine rights and obligations, such method is the normality. The other method is to regard the fake right appearance as factuality, and to make the third party with...