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The Study On Identification Of The Imputability Of Principal In Apparent Agency

Posted on:2020-12-19Degree:MasterType:Thesis
Country:ChinaCandidate:W P YaoFull Text:PDF
GTID:2416330596980455Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Article 172 of the general principles of the civil law basically continues the provisions of article 49 of the contract law as the explicit positive law normative basis of the agency by estoppel,but it still does not make clear whether the elements of one's imputability should return to the necessary constitutive level of the agency by estoppel.Cognizance and doctrinal dispute in practice are all around of the empirical method in "the other party has reason to believe that the offender has the agency" clause interpretation,single from literal interpretation of the provisions "cannot conclude that I can blame sexual elements necessary or not,this not only makes the perspective of the provisions of elements had significant differences,causing more practice on how to apply on the constitutive requirements of concrete determination of ostensible agency is not unified.The assumption of the responsibility of apparent agency is already a restriction on the autonomy of private law of the principal.If the appearance appearance can't be attributed to the principal,it will make the principal lack the legitimacy basis to assume the responsibility of the authorizer,and also make the counterpart's "trust" lack the "rationality" basis.As the precondition of the discussion on the criterion of my imputability,the status of the elements of my imputability should be clarified,that is,my imputability should be the necessary elements of apparent agency.Otherwise,the discussion on the criterion of one's own accountability will be meaningless for lack of discussion basis.How to carry on the substantial judgment and the determination to own imputability,the establishment of its determination standard appears particularly important.On the one hand,it is necessary to establish the essential status of one's imputability,and on the other hand,it is necessary to correctly identify one's imputability.From this point of view,it is of great theoretical and practical significance to clarify the status of the elements of one's imputability and to correctly identify them.In order to clarify the appropriateness of the status of the elements of imputability,this paper not only USES the method of comparative analysis,but also demonstrates it from the perspective of equity of interests.In addition,the author also puts forward some corresponding opinions on how to determine the imputability of the author,in order to provide some reference Suggestions for the theoretical disputes and judicial application in practice.This paper is divided into four chapters:The first chapter is about the premise of the identification of my own imputability,that is,on the premise that the status of the elements of my own imputability can be clearly recognized,there is a basis for discussion on how to identify my own imputability.From the perspective of interest equity and the structural similarity of the system of bona fide acquisition,this paper makes corresponding reasoning and argumentation on the status of the elements of imputability.The second chapter is the analysis of the judgment in the case of my imputability.Through the analysis,it can be found that there are two kinds of judgment rules of recognition and non-recognition of my imputability.The judgment cases without recognition are also mixed with the reasoning and evaluation of my imputability.Judging from the standard of the imputability,most cases apply fault principle to judge the imputability.In the identification of my imputability,there are also some problems such as inconsistent identification standards,failure to combine my fault and unclear applicable imputation principles.The third chapter is about the standard of the accountability.In terms of the identification criteria of one's own imputability,it mainly focuses on the application of three imputation principles,namely,the principle of inducement,the principle of risk and the principle of fault.This paper holds that the principle of fault should be used as the imputation principle to judge the imputability of a person.The fourth chapter is about the specific application of the criterion of the author's imputability.According to the specific circumstances of the imputability,the principle of fault is applied to judge and determine the imputability.Taken together,I can blame essence is to make the agents to real licensor have the legitimacy foundation,makes irrespective to deprive the interests of the principal,I can blame sexual elements to realize the implementation of private law autonomy,protect the purpose of the other party reasonable trust law value,it should be in a position of constitutive requirements.It is the key to apply the rule of apparent agency correctly that how to make a substantial judgment on the imputability of the author.
Keywords/Search Tags:Agent, Apparent Agency, The Imputability of Principal, Identification of the Imputability of Principal
PDF Full Text Request
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