Application Analysis Of Appearance Doctrine From The Perspective Of Commercial Law

Appearance doctrine is based on the appearance of the behavior of the transaction parties,and then determines the legal effect of their behavior.It is an important theory for commercial law to protect transaction security,and it is also an important judgment criterion in judicial practice.However,there are disputes in judicial practice and theoretical research on how to effectively protect transaction security and the interests of all parties and balance the interests of the real right holder and the counterparty or third party in the process of applying appearanceism.Based on judicial practice,this paper takes cases as the starting point,raises questions,and makes a statistical analysis on the application of appearanceism.make a suggestion.The specific structure of this paper is as follows:The first part is the introduction,which mainly introduces the research background and significance of the selected topic,the research status at home and abroad and the research method.The second part is the question,which mainly describes the basic facts of the three cases and the reasons for the court’s judgment.Summarizes three problems in judicial application of appearanceism:whether the scope of the correspondence includes the non-transactional third party;how to determine the principle of attribution of the real right holder;the judgment standard of the reasonable reliance of the transaction counterparty or the non-transactional third party How to define.The third part is the statistical analysis of the application of appearanceism.This part mainly includes:Statistical analysis of case samples based on the above three issues,summarizing the commonality of cases in practice,and further argumentation and analysis of the reasons for the application of appearanceism,and proposing whether courts at all levels apply appearanceism to non-transactional third parties There are different opinions,the reasons for the formation of the split appearance facts,the attribution of the real right holder,and the unclear judgment criteria for the reasonable trust of the transaction counterparty or the third party,which can easily lead to the phenomenon of different judgments in similar cases.The fourth part is the jurisprudence analysis of appearanceism.This part mainly introduces the functional value and applicable requirements of appearanceism,aiming to seek theoretical support for solving the application of appearanceism.The fifth part is the investigation of extraterritorial appearanceism.This part mainly introduces the regulations on appearanceism in France,Germany and the United States,aiming to provide experience and reference for perfecting the theory of appearanceism in my country.The sixth part puts forward corresponding suggestions for the problems existing in the application of appearanceism.It is believed that the application of appearanceism should expand the scope of protection of reliance interests to non-transaction third parties;according to the different reasons for the appearance of facts,the principle of attribution should be reasonably selected;the criteria for judging the reasonable reliance of transaction counterparties or non-transaction third parties should be clarified,requiring the trust of the counterparty or third party to be reasonable and must be in good faith.