On Negotiable Instruments Agency By Estoppel

The system of Negotiable Instruments Agency by Estoppel is very important in negotiable instrument practice; it can protect the right of the third party with good will and promote the circulation of negotiable instrument so realize the efficacy of it as the circulating paper. As the agency of negotiable instrument act may exist two different forms in practice, one is the general form called simply the agency of negotiable instrument; one is the special form called simply the act on one's behalf of negotiable instruments. So the thesis divides the negotiable instruments agency by estoppel into two kinds which are the general form of negotiable instruments by estoppel ——negotiable instruments by estoppel and the special form of negotiable instruments by estoppel——act on one's behalf of negotiable instruments by estoppel. The thesis is divided into four chapters, chapter one is Survey of Negotiable Instruments Agency by Estoppel, chapter two is Theoretical Foundation of Negotiable Instruments Agency by Estoppel-the Right Appearance Theory, Chapter three is Analysis of General Form of Negotiable Instruments Agency by Estoppel, Chapter four is Analysis of Special Form of Negotiable Instruments Agency by Estoppel-Act on One's Behalf of Negotiable Instruments by Estoppel . Chapter one is Survey of Negotiable Instruments Agency by Estoppel. In this chapter, the author introduces the general theory of negotiable instruments agency, and discuss the meaning of acceptance of negotiable instruments agency in estoppel act. The author thinks there are two kinds of form. One is general form of negotiable instruments agency by estoppel, the other is special form of negotiable instruments agency by estoppel-act on one's behalf of negotiable instruments agency by estoppel. Chapter two is Theoretical Foundation of Negotiable Instruments Agency by Estoppel-the Right Appearance Theory. This chapter discusses the academic foundation of negotiable instruments agency by estoppel. The author regard that the proper basis of agency by estoppel is the right appearance theory, namely the right appearance theory is the academic foundation of negotiable instruments agency. Firstly, expatiating the producing and development of the right appearance theory. Secondly, the author analyzed the composition of the right appearance theory. The thesis deems that the element of "self giving reasons"is weaken more and more in the right appearance and the modern Civil Law has the trends of surmounting the element with the transfer of individual standard to society standard in law. Chapter three is Analysis of General Form of Negotiable Instruments Agency by Estoppel. The author thinks that there are two aspects in the composition of negotiable instruments agency by estoppel. First, subjective composition: the third party must be good will and without material fault when he makes acts on negotiable instruments; Second, objective composition: agent has no dealership, but he has objective situation which makes the third party believes that he has dealership. The thesis analyses the judgment of good will and the burden of proofs, the judgment of non-lapse, the range of the third party etc and concludes the subjective composition of negotiable instruments agency by estoppel and the range of the third party is the direct party. The thesis deems that the range of objective situation in negotiable instruments agency by estoppel is larger than it in Civil Law. "As long as the third party pretends to have dealership and the situation which can be believed, it can be deems that the objective composition is exist, though he hasn't dealership in fact."The thesis deems that the principal burdens the legal effect of having dealership to the third party with good will and can get recovery from the agent without dealership after bearing the debt to the third party with good will. Those are the legal effects of negotiable instruments agency by estoppel. But it...