The Elements Of Rechtsscheinhaftung In German Civil Law

Rechtsscheinhaftung is an important manifestation of the positive trust protection. Chinese scholars tend to be confused with the trust responsibility or liability for damages and other similar concept. In fact, there are essential differences in the constituent elements and the legal consequences between these concepts, they must be strictly separated. Essentially, Rechtsscheinhaftung is the deviate to private autonomy, beyond of the general legal logic, its application must have strict Elements. After one hundred years of development, the German scholar summed up, that application of Rechtsscheinhaftung should have three constituent elements. First, there should be an objective "Right Appearance"; Second, the "trust" of bona fide third party; Third, the "Imputability" of the real right holders. The standard of "Imputability" is still the important topic, that scholars continue to explore.China’s "Contract Law" Article49provides for a system of apparent agency, but its elements are not clear, lack of maneuverability. Apparent agency is the most typical case the of the Rechtsscheinhaftung, therefore, in order to provide by estoppel workable criteria, can draw the constituent elements of Rechtsscheinhaftung in German law to interpreted "Contract Law" Article49. One of the most important,"imputability" should serve as an independent agency by estoppel of Elements.This thesis discusses the following five parts:Chapter Ⅰ:The overview of the Rechtsscheinhaftung. Firstly, explain the basic concepts and obligations different from other concepts; then introduce the history of the Rechtsscheinhaftung, demonstrating the complete process of its constituent elements.Chapter Ⅱ:The first element of Rechtsscheinhaftung:"the existence of the right Appearance." Interpret the meaning of "Appearance facts" in the Context of the Rechtsscheinhaftung to and specifically discusses how to define "Appearance facts" on the German Civil Law.Chapter Ⅲ:The second element of Rechtsscheinhaftung:the "trust" of bona fide third party. The definition of "goodwill" in the general meaning of the German Civil Code in accordance with legislation and jurisprudence, then discuss its specific meaning under the Rechtsscheinhaftung. And then the specific discussion the other two objective requirements of of the "trust", namely "knows the appearance facts" and "causation.’Chapter Ⅳ:The third element of Rechtsscheinhaftung, namely:the "Imputability" of the real right holders. First introduced the necessity and features of the "Imputability", then summeriz Criteria doctrine of "Imputability". Based on the critical analysis of the various doctrines and jurisprudence of German courts combined approach to the problem, and summarized the in judicial practice workable "imputability" criterionChapter Ⅴ:draw the constituent elements of Rechtsscheinhaftung in German civil law, provides a critical analysis and proper interpretat of apparent agency system constituent elements of the Article49China’s "Contract Law"...