A Research On Rechtsscheintheorie

Rechtsscheintheorie, also called the theory of rights appearance, is a legal rule designed by civil law scholars in German to meet the need of social economic development at the beginning of this century. This legal rule covered the internal legal relationship between the rights holder and appearance right holder, which is exposure outside in the form of appearance verity. In order to avoid the third party suffering from rights damage based on his trust on appearance verity, this legal rule admitted the validity of the third party'act for trading purposes under the situation when the internal relationship is in contradiction with the appearance verity, thus the rule let the rights holder undertake disadvantage.Rechtsscheintheorie has been developing positively in virtue of many civil law scholars'academic achievement. Rechtsscheintheorie consists of several inner constitute elements, which are the existence of appearance verity, the attribution for rights holder, good-faith in third party, the imperative validity of legal act between appearance right holder and good-faith third party. On the basis of the choices and considerations for legal values, Rechtsscheintheorie has different inner constitute elements in different historical period, while the standard to judge the distribution of benefits between parties in this legal nexus has been classified differently. Good-faith institution runs well in American Law,and playing an important role in market economy in countries applying common law. In juridical practice, the standard to determine the third party whether in good-faith or not is hard to apply. Consequently, the EJECOR defining approach for judging good-faith, which is created in American Law, is an useful way in juridical practice. The research on the limitation of application of Rechtsscheintheorie must base on the integration of legal phenomenon, which happens in bona fide acquisition and assignment of graduates institution in civil law. The study on this part will be the direct reference for further research in juridical practice.