On The Essential Elements Of Apparent Agency

Apparent system which is a civil law system has a strong significance. Apparent Elements of determining whether a reasonable person is directly related to the relative, my interests and social transaction security and stability. Apparent standard identified too wide will damage the legitimate interests of himself, finds too stringent relative person will legitimate interests and social transactions. To safeguard the legitimate interests of bona fide third transaction security and social stability, Our states Contract Law Article49establishes Apparent system. But which provides too abstract and vague has its inclusiveness, and its inclusion in that relative right agent has reason to believe that the interpretation of the broad agency, its ambiguity is also here, leading academics and the judiciary the application of the system there are different opinions among the most contentious is established Apparent elements, particularly prominent is the subjective counterpart and I state whether Apparent established the necessary conditions. In this regard, our scholars to its constituent elements there are three main theories that say a single element, dual element, said elements of said compromise. In2009, the Supreme People’s Court issued hearing on the current situation of civil and commercial contract disputes guidance on a number of issues, provides a relatively subjective must be in good faith and without negligence in the case before they can establish apparent agency, but no on my subjective state regulations.This guidance regulated that counterpart must be goodwill without negligence and pointed out that many factors should be taken in to consideration to check out whether the counterpart is goodwill without negligence. But many provisions are will unclear. How to reasonably identify the essential elements of agency by estoppel is the starting point of this article. In this paper, the method of integrating theory with practice and the relationship between fairness and efficiency, from the apparent agency theory and practice in the system of apparent agency constitute elements of the analysis, further apparent legal basis and institutional value agent, trying to find out the shortcomings of current legislation, so as to form meet agent identified in legislation and judicial practice in the clear.The first chapter describes the system of apparent agency of the historical background, analysis of the apparent agency and the value of China’s socialist market economy under the apparent value orientation agent system. The second chapter of agency by estoppel concept and the basic concepts related to such determination is made, and the relationship between different systems are different, then the apparent agency elements observation are compared, finally analyzes our country now apparent agency constitution legislation. The third chapter of our apparent several existing theory agent elements of reflection, the apparent agency integrated elements, and the relationship between fairness and efficiency to prove its rationality, comprehensiveness. The fourth chapter put forward China’s apparent agency constitute elements of the deficiency and improvement countermeasures, in order to agency by estoppel system more applicable to contribute.