外觀保護法理探析.pdf

1、 Abstract The life of law has been logic, and experience as well. The analysis of numerous and complicated events and the derivation of general principles form such analysis contribute to the glory of the codes of civil

2、law system. The lifeworld is gradually changing, and each such significant change gives a new character to the codes. The history of law in respect of ancient law, the modern law and the contemporary law embodies that th

3、e changes in lifeworld contribute to the renewal of the codes. In the changing form modern law to contemporary law, many new systems and concepts are coming into existence, and the theory of appearance protection is an e

4、xample of such. The analysis of such theory could facilitate the understanding of the relevant systems in the cotemporary law. The paper is composed of the following four parts: Part I “Introduction”, generally introduce

5、s the background against which the theory of appearance protection is coming into existence and briefly explains the contemplation of the paper. Part II “The origin and development of the theory of appearance protection

6、and the sole root of such”, analyzes the background against which the theory of appearance is coming into existence and specifies its root which lies in the changing form modern law to contemporary law rather than in the

7、 Roman law, and further sets out the impact of the theory of appearance protection on the general principles and hermeneutics of civil law. Part III “Systems relative to the theory of appearance protection and the impact

8、 of such theory on the civil trail”, applies the theory of appearance protection to the analysis of the issues in relation to the possession, publicity of right in rem, abstraction of juristical act of right in rem, appa

9、rent agency, person with restricted or without capacity for civil conduct, and analyzes the structure of the appearance of right. Part IV “The future of the theory of appearance protection”, analyzes the future of the