See The Empirical Study Of The Blameworthy Elements Of The Agent

There are two opposing theories on the constitutive elements of agency by estoppel,which are “single element theory” and “dual elements theory”.Even if the 49 th in Contract Law does not explicitly request “the principal's liability attribution”,there are still many scholars think that “the principal's liability attribution” should be imputed as one of the elements of agency by estoppel.And different theories have been put forward as the criteria for judging this element,such as fault principle,relevance principle or risk principle.It is not clear that introducing the principal's liability attribution to the constitutive requirements of agency by estoppel is whether or not suits our country's judicial practice and How to define a specific criteria.According to the above problems,scholars are only discussing at the theoretical level,but judicial practice also helps academic theories.Therefore,in this paper,after understanding the various disputes of the constitutive elements of agency by estoppel,statistical analyzed 115 court judgment documents related to the constitutive elements of agency by estoppel.Researching into the judgment of the court on how to cognizance the constitute of agency by estoppel and how to apply the constitutive requirement of the principal's liability attribution.To provide an empirical basis for further improvement of agency by estoppel.This paper is divided into five parts.Part one,introduced the application of the principal's liability attribution in the civil law system from the perspective of Comparative Law,and explained the present situation of legislation in our country,the theoretical point of view and the research methods of this paper.Part two,summarized the theoretical point of view about the constitutive elements of agency by estoppel.Mainly included should we regard the principal's liability attribution as one of the constitutive requirements of agency by estoppel and how to define the applicable standard of the principal's liability attribution.Part three is empirical analysis.This paper sorted out 115 court related judicial documents,and analysed from space,time,region,trial level and other different angles.Part four,this paper explored the differences between judicial practice and academic theory by summing up the court's judgment and applicable standards.Part five,according to the empirical analysis,the Court adopted the view of “the principal's liability attribution” and inclined to protect the bona fide third party in judicial practice.And whether the agent is liable to be accountabledirectly affect the rationality of the trust of relative person.According to my point of view,we should adhere to the current legislative choice and continue to apply the “single element theory”.And bring the “principal's liability attribution” into the relative person's reasonable trust elements,as one of the objective environmental factors that judge the relative person to have "reason" to believe.