Research On The Principle Of Appearance Of Right

The principle of appearance of right is according to the appearance of right rather than the real right, making the person who trusts the appearance of right reasonablely getting the legal effect what he thinks so, compared with consensus it’s an special way to cause the alteration of rights. Though each rule on the positive law has its own characteristics, but it can be integrated by the principle of appearance of right, such as bona fide acquisition system, system of real property registration credibility, agency of estopple, creditor’s rights transfering by estoppels system. The principle of appearance of right just like the groundwater nourishes concrete systems that spreading to every corner of the civil law silently, when the study on the micro concrete system has been relatively mature, it’s necessary to summary the common mechanism of each concrete system to get the goal of studying in systematic.The paper consists of five parts apart from introduction.Part Ⅰ: Generally introducing the basic content of the principle of appearance of right, laying the foundation for the follow-up study. Then making a review on the commanding name of the systems of appearance of right, indictating the appropriate of the name called “principle of appearance of right”.Part Ⅱ: Analysising basic legal structure of the principle of appearance of right in an internal perspective, including the following four aspects: material elements, psychological factors, imputation, legal effect.Part Ⅲ: Indicating the uniqueness of the principle of appearance of right in an external perspective. Then choosing three typical objects to making a comparison with principle of appearance of right: estopple in common law which corresponding to the principle of appearance of right in continent law; trust liability for damages that belongs to the negative trust protection which corresponding to the positive trust protection; abstract principle as well as the principle of appearance of right both including the function of protecting security of transactions.Part Ⅳ: From the breakthrough, compatibility, permeability three perspectives to demonstrate it’s appropriate that the principle of appearance of right as a new paradigm in civil law.Part Ⅴ: In the perspective of principle of appearance of right, making a review of the current legislation of our country,then putting forward methonds to correction and make up for it’s improper and absence.