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See Agency Typing Research For A Table

Posted on:2022-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:Q ShangFull Text:PDF
GTID:2516306527967099Subject:Science of Law
Abstract/Summary:PDF Full Text Request
The promulgation of China's civil code is a new milestone in China's civil legislation,which embodies the codification of China's civil law.The expression of article 172 of the law confirms the system of agency by estoppel.Previously,the system of agency by estoppel was stipulated in Article 49 of the contract law and article 172 of the general provisions of the civil law,and article 172 of the civil code is the same as that of the general provisions of the civil law.However,article 172 of the civil code is not much improved compared with the contract law.Basically speaking,it is the original text,Article 172 of the Civil code of China,which continues the provision of Article 49 of the Contract Law,the system of agency by estoppel is stipulated by summarizing the mode of legislation,the risk of abuse still exists,therefore,scholars try to increase the constituent elements of agency by estoppel to limit its application,however,according to the current legislation and judicature in China,this method is not enough to limit its abuse.More operable is the principle of autonomy of private law,under the framework of legal act theory,in order to restrict the application of agency by estoppel,the article 172 of the Civil code is classified by the method of limited interpretation,In order to solve the problem of abuse caused by the too broad provisions of the statute law on agency by estoppel,Finally,we can achieve a balance between the autonomy of private law and the protection of transaction security...
Keywords/Search Tags:Agency by estoppel, Type analyses, Civil code
PDF Full Text Request
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