A Study On The Agency By Estoppel

The apparent agency system is an equity system to maintain reasonable trust,transaction security and private law autonomy,and plays an important role in the development of modern economy.In the legislative mode of the integration of civil and commercial,the apparent agency system of our country also adopts the elements and criteria of the integration of civil and commercial.However,since reform and opening up,with the rapid development of China’s market economy,China’s rapid economic development,the existing principled legal provisions for the apparent agency system can no longer meet the requirements of judicial practice.Starting from the legislative evolution of the agency by Estoppel System and returning to the effective judgment of our country,we found many problems in the application of the agency by Estoppel System in the commercial field,and also understood that the application of the agency by Estoppel System in the commercial field should have its particularity.China’s provisions on agency by estoppel are embodied in article 172 of the general principles of civil law and Article 49 of the contract law,which are all principles.With the development of China’s commodity economy,the use of apparent agency system is becoming more and more diverse.However,just because the existing law only provides for it in principle,there are different standards forjudging whether it constitutes apparent agency in judicial practice.At the same time,due to the different value basis of civil and commercial,and the different characteristics of the subjects involved in civil and commercial legal relations,the composition standard of the apparent agency system in the commercial field is bound to be different from that in the civil field.In this paper,through the use of empirical analysis and typological research methods,the case study of judicial practice is analyzed,and the shortcomings of the application of the apparent agency system in the commercial field are summarized,and based on this,the improvement suggestions are put forward.