A Triple Review of the Theory of Reliance on External Constructive Facts --Centered on Wellspacher's Doctrine

Jufeng Li

International Journal of Social Science Studies, 2023, vol. 11, issue 2, 17

Abstract: At this stage, there is a misunderstanding of Wellspacher's theory of reliance on external constitutive facts, which needs to be reviewed and repositioned. Based on Kant's philosophy of law and the doctrine of "external identifiable signs" advocated by natural law scholars, Wellspacher further developed the theory of reliance on external constitutive facts based on the private law history of the idea of publicity. This theory did not originate from the criticism of the doctrine of dispositive authority, which was only one of the starting points of the doctrinal work in this theory and did not take a central position. The theory of appearance of rights was not pioneered or created by Wellspacher, but existed before him; Wellspacher is credited with distilling and abstracting the general principles from the scattered legal provisions, and establishing the basic framework for future generations of appearance of rights liability.

Date: 2023
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