A Study On Appearance Of Right And The Reliance Protection Principles

Appearance of right refers to the rights's external manifestations, its essence lies in judging the effect of civil and commercial transaction matters by the appearance of conduct.As a common phenomenon in private law, it closely relates to people's daily lives. The reliance protection rules depending on trusting the appearance is important legal basis, which is to protect the transaction security and to promote trading efficiency. So it has important practical values for improving the market economy system.At present, the national study of this issue tends to focus on the common values of commodity circulation, transaction security, and protection of third party's reasonable reliance in good faith. The paper is to analyze and discuss the appearance of rights theory from the concept and the history, legal basis, legal effect and the applicable rules of private law. Whether the person should be able to protect by law and the specific applicable rules of private law has become important research content of this article. The appearance of rights theory presents a view, that is, the adoption of the appearance as the true way to protect the people's reasonable faith. rather than by way of damaging the interests of the reliance; In the application of the means, law should be attributable to find a flexible technical means between the reasonable reliance and the real holder's liability, This paper put forward the applicable rules of private law on protecting reasonable faith and propose a specific burden of proof allocation.In this paper, the content is divided into six parts:The first part is the outline of appearance of right theory. It describes the concept and manifestations, through the concept of comparison with its neighbor concept to clarify the relationship between the appearance of rights theory and its similar concept, including its special nature.The second part is about the history change of the appearance of right theory, including socio-economic background of various periods, and main provisions. Then this part explain the change from the "static security" to "dynamic security", from "individual" to "society" in civil law concept. The third part is the legal basis of the theory and the special value. From philosophical epistemology, economics and sociological point of view, it describes the rationality to protect transaction security and the interests of the third party's reasonable reliance.The fourth part is about the composition of the appearance of right theory, including exterior facts, real right holders' behavior and a third party's reasonable reliance in good faith.The fifth part is about the legal effect of appearance of right theory. From the interests of the real right holders, the bona fide counterpart, the non-rights holders, it analyze the legal effect. That is, the real right holders assume the duty caused by the appearance of non-interest, the bona fide third parties obtain his wants and hopes, the non-rights holders need bear responsibility to compensate for the loss of the real right holders.The sixth part is about reliance protection rules of appearance of right. This part describes the applicable rules of private law in order to build the protection of private law system from the application boundaries, appropriate tools, as well as the allocation of the burden of proof.This research clearly sets out the theoretical framework of the appearance of right theory and constructs reliance protection rules.So this paper has done a good attempt to perfect civil and commercial law sy;了stem and guide China's private law practice.