On The Agency By Estoppel

Agency by estoppel is important composition of agent system. The article lays that the theory and practice of regarding the objective condition or relevant legal provisions of ostensible authority as agency by estoppel are not accurate throuth the proof of ostensible authority - the component requisite of agency by estoppel. The article makes the relations among agency by estoppel,authorized agency and unauthorized agency more distinct and objective through dividing ostensible authority and authority of agency. The article breaks the traditional theory and clarifies the legal effect of agency by estoppel. The article expounds the legislative status quo and problems of system of agency by estoppel of China and analyses the rationality of the relevant legal provisions and judicial explanations in detail. At last,the article inquires into the legislative defect and developing tendency from the macroscopic and microcosmic angles in order to realize the aim of system of agency by estoppel - safeguarding the safety of transactions and supporting transactions,perfect the legal system of agency by estoppel of China.