Agency By Estoppel Elements

Our country《contract law》established form to see agency system formally, but ruled more and in brief, principle.As for form see agency have many problem existence an issue, among them the most important, most core, the most decisive problem be the form sees agency of composing important item, adopt what constitute the important item sees agency to the form of the lawmaking and judicatory all has great significance.This text's ising divided into five parts to see agency to the form totally should have what composing important item's this core problem carry on a study.In the first part, writer overview current see agency composing two kinds of main standpoints of the important item concerning the form, then"single important item say" and"the dual important item say", also introduced more novel "differentiation say", then carried on to the above-mentioned main standpoint a simple comment;In the second part, the writer emphasizes the rule which sees agency law legal theory foundation and function value, form of the system see property and essence, form of agency see agency composing the comparison method of the important item an observation and acts for system an everyone to relate to the form to install and etc's problem to carry on analysis, working well cushion for the treatise that the continuation form sees agency composing important item;The third part is a textual point with with core, therein, The writer bears the rationality that not enough etc. different on the side and angle of theories, "single important item say" and"differentiation say" discussed "the dual important item say" from outside lawmaking practice, modern and social science and technology development and advantage risk inside the history origin, fair and fair legal theory foundation, area of[with] external appearance doctrine, confirming oneself a fault should be the composing important item that the form sees agency;In the four-part cent, the writer saw agency composing the angle of the important item examine form to see the law result of agency and related judicatory fulfillment from the form, and see form agency with have no business agency, deceive, representative etc. similar the behavior carried on a comparison, in order to to oneself the fault sees the agency many composing core position within important items have further understanding in the form;In the fifth part, writer to our country《general rule of civil law》,《contract law》and the supreme court is judicial to explain etc. the form see agency carry on the foundation of critique concerning the lawmaking up, to how the further perfect form see the lawmaking of agency put forward own suggestion to have a help by expecting the theories to see the agency to form and fulfillment.