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引言外观主义制度和禁反言制度是近代私法的产物,分别是两大法系用以保护信赖的工具,并在商法领域中成为基础性理念。其中,外观主义起源于德国民法,一般认为,德国法学家莫瑞茨·维斯派彻(Moritz Wellspacher)的专著《民法上外部要件事实的信赖》是对外观优越的私法理论的第一次正式阐述。随后,外观主义开始渗入民法的具体法律制度的建构,善意取得就是贯彻外观主义的典型制度之一。更值得注意的是,由于“外观优越”理念与商法中维护
Introduction The appearanceism system and the estoppel system are the products of modern private law. They are the tools used by the two major legal systems to protect their trust and become the basic concepts in the field of commercial law. Among them, the appearance of the doctrine originated in the German civil law, generally believed that the German jurist Moritz Wellspacher’s monograph “Civil Law on the external elements of the trust of facts” is the appearance of the superior theory of private law the first formal Explain. Subsequently, appearanceism began to infiltrate the specific legal system of civil law, and obtaining goodwill was one of the typical systems of implementing externalism. Even more noteworthy is that due to “look good ” concept and business law to maintain