The Intrinsic Value and Independence of Not-against Third Party Rule in Simulation
The idea of sanctioning the lair and the concept of trust protection of appearance-ism constitute the two intrinsic value bases for the protection of third parties under simulation.The more attention is paid to the idea of sanctions,the less the concept of trust protection of appearance-ism is generally accepted,and the more independent the rule of Not-against third party rule in simulation is compared with the rule of appearance-ism,and the less it is not.Combined with the tradition of our civil law and the system of appearance-ism,it can be found that,on the one hand,the idea of sanction has a great influence on the governing of simulation,and on the other hand,the system of appearance-ism still shows a cautious and conservative tendency.As a result,the Not-against third party rule in simulation has obvious independent value,and there are important differences between it and the rule of bona fide acquisition,registration confrontation,and commercial registration in terms of the standard of good faith and the scope of protected third-party,and it is also significantly different from the non-appearance-based registration confrontation rule.
simulationsubjective faultappearance-ismthird party protectionthe independence in composition
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