On The Legal Application Of The Constituent Elements Of Agency Of Estoppel

As an important system of civil and commercial law,the agency of estoppel has played an important role in safeguarding the interests of the third party and promoting the security and stability of the transaction.Clarifying the constituent elements of a system is the basis for the precise application of a system.Based on the current research situation and legislation situation at home and abroad,this essay analyzes the constituent elements of the agency and the specific factors that affect the agency.This essay is divided into four chapters:In the first chapter,from the two cases of the Supreme Court Gazette,the problem of identifying the agency of estoppel in the judicial practice of our country is to lay the groundwork for the following argument.In the second chapter,the main differences between the academic circles and the question of the constituent elements of the study are as follows: whether the author can discuss the independent constituent elements of the agency of estoppel as a proxy.First introduced the academic point of view on this issue and the different legislation outside the law.And then argued that both from the realization of the table to see the agency value of the system,or to save the cost of legislation from the point of view,should not be responsible for their own responsibility as an independent component of the introduction of the agency of estoppel.The third chapter is a detailed demonstration of the elements of the agency,from the "Contract Law" Article 49 "the parties have reason to believe that agents have the right to proxy" this issue,discussed the "proxy representation" and "third The relationship between goodwill and no fault," and discusses the factors that should be taken into account when judging both.The appearance of the proxy should be something that is visible or perceivable from the outside and has a clear and clear characterization.In determining whether the appearance of the proxy appearance,it should be combined with the specific circumstances of the case,a comprehensive grasp of the considerations factors,such as agent status,place of business,trading habits.Goodwill refers to the trust of the third person is reasonable and no fault,to determine whether the trust is reasonable to refer to whether the agency of estoppel has a suspicious identity,whether there is the opposite with the interests of the agency of estoppel,the perpetrator is a violation of statutory review obligations.The fourth chapter puts forward two suggestions on the agency in the judicial practice.The provisions of our law for this system,although simple,but still has a guiding significance.See the agency as an agent without the right to a very special situation,practice should strictly follow the provisions of the law,grasp the value of the system,strict application of the case.