The Rules Of Estoppel In Civil Procedure

Estoppel is one of the significant legal rules originating from Anglo-American Legal System. It plays a decisive role in the legal system of western countries throughout different fields. Estoppel has formed numerous detailed rules in the procedural law those which not only effectively restrict the parties'litigant acts but also deeply influence the structure of legally effective judgment system and maintain stable proceedings in accordance with court jurisdiction. In Continental Legal System, Estoppel is viewed as a particular form of good faith principle, while it differs from that of Anglo-American Legal System. Besides, the unique collateral estoppel (also called issue preclusion) in Anglo-American Legal influences the theory of legal effectiveness of judgment in the Continental at the same time.This paper begins with the connotation and development of Estoppel and carefully arranges varied Estoppel rules in the perspective of procedural law. It emphasizes the application of the typical collateral estoppel. After an analysis of impact on the theory of legal effectiveness of judgment, the paper states that Estoppel also has a close relation with good faith principle. Then it carries on to the turning point for the collateral estoppel entering the Continental Legal and final settlement.Partâ… investigates the origin and historical development of the Estoppel, which stems from rules of evidence, following by the risen of Equity law and perfected in the procedural law's domain. Its basic connotation is to forbid the parties'denying his own actions or court-certified facts. From the angle of application in the administration of justice, estoppel could be defined as one of the fundamental law principles. Partâ…¡focuses on the general types of estoppel in the earlier years. This paper illustrates three fundamental rules including estoppel by deed, estoppel by matters in pai and estoppel by record. Through further expounding and verifying, the paper offers a clear thread of thought about its development. Until now estoppel has generated two typical regulations, judicial estoppel and collateral estoppel, by a detailed discussion. Judicial estoppel is to guarantee the consistency of attitudes, position and statements from the litigants, while collateral estoppel refers to the court events at issue will be excluding from repeated discussion in the second round.Partâ…¢states the mutual influence and coordination between estoppel and other civil litigation theories. On one hand, it states the relation between estoppel and good faith principle. The good faith principle in the Continental Legal system realizes the restriction on litigants, court and other subject of litigation. But estoppel in the Anglo-American system is limited in restricting the parties'litigant acts. In this respect, estoppel under the good faith principle is in its narrow sense and it can be applied in principle or in statutes. However, compared with the Continental system's view as a representation of good faith principle, estoppel in Anglo-American system has abundant connotations to a larger extent.On the other hand, the paper demonstrates the coordination between estoppel and legally effective judgment theory. Deriving from judicial estoppel, this kind of estoppel integrates with the doctrine of claim preclusion as the two dominant ingredients in the Anglo-American effective judgment system. As for the collateral estoppel, it is in accordance with res judicata extending theories and issue preclusion in the sense of giving restraining force to ratio decidendi (reasons for judgments).Partâ…£focuses on the issue preclusion, which explores the rationalities and possibilities for the turning point of the collateral estoppel entry and existence in the Continental. It explains that the collateral estoppel can use good faith principle as its theoretical support and locate the issue preclusion as a systematical effectiveness of judgment.