论信赖规则的逻辑结构

现代私法上的信赖规则,旨在保护交易中赋予信赖的一方当事人的信赖利益、保护整个社会的交易安全,但以牺牲对方当事人的利益为代价。信赖规则作为法律规则,具有严密的逻辑结构。其假定条件是,受表意人信赖表意人的意思表示或所表现出来的权利外观,并有信赖损害的发生,表意人或本人对外观要件事实具有可归责的原因等。一旦当事人之间的情形具备了这些要件,便发生具有生效的法律行为的法律后果。

On the Logic Structure of the Rule of Reliance

The rule of reliance in the modern private law has the purpose to protect the reliance interest of the party, so that to protect trades security of the whole society, and the price is that the interests of the other party have to be damaged. The rule of reliance has its own logic structure as a legal rule. Its hypothetical facts are as follows: occurrence of external fact, inconsistency between external and internal facts, the party really puts reliance on the external facts that does not conform to the internal fact, etc. If all of these conditions are met, the legal result that the contract becomes binding, even though it cannot be enforceable according to normal law will.