Appearance Agent Of Study

Agency by estoppel appears firstly in Burgerliches Gesetzbuch, then this agency system is stipulated in the civil or commercial codes of many countries. Experts have different views regarding whether agency by estoppl is stipulated in our General Principles of Civil Law. Though this agency system is included in the Contract Law, some important issues concerning its essence, constitutive requirements and effect are still in dispute. Author in this dissertation, by utilizing historical, comparative and economic researching methods, developed his own views after surveying the legislation and judicial practices of agency by estoppel home and abroad. This dissertation is composed of seven parts besides preface and conclusion, approximately 77,000 words.Part Ⅰ, Brief account of agency by estoppel. This part mainly deals with the historical background, legislative and judicial practices, essence of agency by estoppel. The author argues that this agency system is an inevitable outcome of capitalist economic development and embodied in many country' s legislation and judicial practices. It is the Contract Law that established this agency system first time in our country. Agency by estoppel is in essence agency with power, belonging to legal agency.Part Ⅱ , the main institutional value, function, effect of agency by estoppel. In this part, the author mainly discusses that since private law is divided into civil law and commercial law, substantial differences therefore exists between commercial and cirvil subjects as well as commercial and civil conducts. While commercial agency by estoppel focuses on the transaction safety, civil agency by estoppel focuses on the principal's safety, they play differentfunction and effect.Part Ⅲ, the constitutive requirements of agency by estoppel. People hold different views towards the constitutive requirements. The author in the thesis argues that commercial agency by estoppel shall be in conformity with unilateral requirements theory, civil agency by estoppel shall be in line with bilateral requirements theory. The same constitutive requirements of both civil and commercial agency by estoppel are as follows: 1. Actor lacks the authorization of principal. 2. Actor has the appearance of the authorization of principal. 3. The counterpart's bona fides and without negligence. 4. The constitution of appearance of power is associated withprincipal's word or act. 5. The counterpart's legal situation has been changed. Besides the five said above requirements, the principal with fault is still one of the requirements of civil agency by estoppel.Part Ⅳ, the types of agency by estoppel. Traditionally, agency by estoppel can be divided into an actor has no power of agency by principal since the beginning, oversteps the power of agency and the power of agency has expired and yet concludes a contract in the principal's name by actor. Besides, the author argues that the agency by estoppel can be divided into the following types: the agency by estoppel associated with legal acts of the conclusion of the contract, the agency by estoppel associated with quasi-legal acts of the agency by estoppel the agency by estoppel associated with factual acts of the contract. Based on the above presentation, the author extends the application scope of agency by estoppel of the Contract Law.Part Ⅴ, the legal consequence of agency by estoppel. 1. Between the principal and the counterpart, the principal shall be liable to the counterpart and the consequence of agency by estoppel shall not be denied due to the lack of principal's authorization, the actor has no right to withdraw. 2. Between the .counterpart; each party has no rights and obligations to each other. 3. Between the principal and the'actor, the principal has the right to claim in case it suffered loss for agency by estoppel of the actor.Part Ⅵ, the distinction between agency by estoppel and other agency system. Agency by estoppel differs in essence, constitutive requirements and legal consequence from agency without power. Though both...