See The Study Of The Judicial Recognition Standards Of Agents

Protecting Vertrauensinteresse is the key purpose of Agency by Estoppel. But the vaguely of Rechtsschein making things complicated, for the result of judge can not be predicted. And this situation,of course, affects the rate of appeal and court authority. We must give the system of appayent agency a common measure to slove this dilem-ma. Value orientation and standardization are too important to forget in the range of law practice. So this essay stand on the legal reality and the point of value orientation to give a methodology of measure which is standardization.The text of this essay has four parts. The first, I will expound the Theoretical basis and the choice of legislation. You will see the basic ideal of this essay, for example the concept of apparent agency and where is the vertrauensinteresse from. The second, I will describe the current situation of judicature. In this part, you will see a number of problems in the legal reality. I want to expound the reason of measurement divergence.The third, I will construct my apparent agency measurement. The new and perfect system of constitutive require- ment will fully take every necessary factor into account. In this part, I will give a contract as a grounds of argument.The forth,I will talk about the influence of crime jurisprudence. I want to research from the view of interdisciplinary. Does the one party have the right to decide which way to protect himself, is still a question.