Agency By Estoppel Constitute Elements Of The Study

The trusted agent system is a civil law system that has strong study meaning of judicial practice. It will directly influence the balence problem of benefit-protecting of the opposite person and oneself ,that the affirming reasonable or not the trusted agent constitute. Breadly affirming will injure one's legal rights;Strictly affirming will injure the original intention of the trusted agent constitute designings,that are maintening society trade safety and encouraging bargain. How reasonably affirming the trusted agent constitute is the starting point of this article. Using the theories contact actual and the law-philosophy analytial methods,the artical analizes the trusted agent constitute from theory to the practice which pures the way of thinking in the field of judicial practice.Besides preface and postscript ,the article is divided into four parts.Part one: Law making investigation of the trusted agent .Using compare analytical method, this part analyze the trusted agent law making of the mainland law-system nations include Germany, Italy, Swizerland, Japan etc and Honkong, macau, Taiwan and the Mainland , and inquir into the not-permitting of denial the trusted agent in the British and American common law nation.The article thinks the trusted agent law making is to protect the trade safety and maintain the prestige of the trusted agent system, mang countries have gradually strengthened the regulation of the trusted agent.Part two: Analysing of the the trusted agent constitute. the trusted agent constitute. The trusted agent has features of permitting agency and forbidden agency, so its composing is the most complicated and disputing part in the whole system. On the academic theories, according to one's subjective mistake is the essential condition or not, there are single important item theory,dual important item theory and conpromised important item theory;According to the the trusted agent constitute is the the unique or not, there are pluralistic theory and monism theory. The article analyse all kinds of theories and summarize the advantages and shortcomings of all theories. Finally,the artiche thinks the dual impartant item theory's rationality presents increasingly along with the cancellation of the the cognitive clearness, and it will replace single important item theory, as well as to be the popular theory.Part three: The affirming of the trusted agent in judicial practice of our country. Beginning from the solid example, the article analyze how to affirm the main constitute of the trusted agent in judcial pratice,which are surface authorization, opposite person's good intentions and no mistake problems.Part four: Prefect lawmaking of the trusted agent.The article points out the lawmaking blemishes of the trusted agent in our county and the places that should be perfect. The trusted agent is too flexible in our country that the lawmaking should abstract or generalize the surface authorization or types of the trusted agent.Starting from protecting the benefits of the opposite person and balencing the benbfits of oneself, opposite person and the agent,itshould adopt choosing theory and lead joint liability to the trusted agent to undertake the law result. IN themebntime, the establishment of surface authorize is close with the circumstance of reputation, because the judgment standand is deffrent, the trusted agent is difficult to assurance. All in all, to regulat our regutation system is very necessary.