Research On The System Of Agency By Estoppels

The system of agency by estoppels has been established in the Civil Law for only a short period. What's more, there are not so many legal regulations to this new system, and the applicable conditions set by the Contract Law seem to be so wide that the cognizance of this system in social activities and judicatory practice appears to be a little confused. That leads to an increasing number of arguments and different opinions over the system of agency by estoppels in practical judgments. This paper, based on the combination of theory and practice and philosophical analyses, discusses and examines the system of agency by estoppels from the theoretical structure to its practice. It may help to make clear for the cognizance of this system in legal practice.This paper consists of four chapters. Chapter One looks back on the history of the system of agency by estoppels, and the establishment of the system by two different law systems, which helps to provide a background of its development and some specific regulations. This chapter lays the theoretical foundation for further understanding of the system's nature.Chapter Two, a key chapter, discusses in detail the theoretical background of the system of agency by estoppels. By analyzing its concepts, features, value orientation and inscape, this chapter presents clearly the important conditions in the cognizance of the system of agency by estoppels.Chapter Three analyzes how to recognize the system of agency by estoppels and some related issues, by discussing some typical agency types in judicatory practice, and the cognizance of this system in family affairs and construction cases.In the last chapter, the author puts forward some suggestions on how to perfect the system of agency by estoppels.