Legal System Of Agency By Estoppel

The fact that the legal system of agency by estoppel is expressed specifically in our contractual law for the first time put an end to the controversy on whether there exists one such legal system among scholars. The legal system of agency by estoppel regulates the immobile interests of the principle and the mobile interests of social transactions, encourages transactions and promote efficiency, enlarges the inherent range of agent system and supplements it in the sense of atonomy of the private law, and makes the establishment and operation of the legal relationships better satisfy the need of the smooth-going of transactions.With the wide practice of agency by estoppel provides the hotbed, the transfer of the view of rights from individual oriented to right oriented serves as the basis of thought, the final establishment of agency by estoppel is based on the methodology of external appearance doctrine. The legal system of agency by estoppel values the maintaining the good order of transactions as well as a bias for the protection of the interests of a bona-fide third party highly. Our provision of agency by estoppel is relatively general, for there are different theories on the concept and nature of agency by estoppel of serval scholars.The first part of article generalizes the history of the agency and analyses the reason. In the second part generalizes the differences between agency by estoppel, unauthorized agency by its narrow sense and authorized agency through a comprehensive analysis of the concept and nature of agency by estoppel. Third, Setting from the basis of the establishment of agency by estoppel of the civil law and common law system , it analizes the theoretical foundation, elements, categoriesand legal consequences of agency by estoppel.There is a wide controversy on the factors of agency by estoppel in practice, scholars have their different opionions on whether to borrow the sigle element theory, the dual-element theory or the multi-element theory, here I take the theory of the unification of subjective and objective elements as well as the negligent nonbehavor of the principle as the elements of agency by estoppel which is thought to better mebody the basic purpose of the legal system of agency by estoppel.There are no direct provisions on the right to choose a third liable party of agency by estoppel, the exercise of the right have a direct connection with the establishment of agency by estoppel or unauthorized agency by its narrow sense. The last part of the article deals with the legislation of agency by estoppel in our Common Rules of Civil Law and Contract Law, and with a view to foreign legislation puts forward the suggestions for the improvement of Chinese agency by estoppel law.