At half past eight on Friday, September 27,Cheung Kong Scholar Chair Professor of Department of Education, the first batch of senior art professors at Tsinghua University, Director of the Civil Law Research Center, Vice President of the Chinese Civil Law Research Association, Professor Cui Jianyuan was invited as the keynote speaker to a lecture at Law School of Nanjing Normal University(NNU), together with Peking University law school professor, Vice President of the Chinese Business Law Research Association, Executive Director of the Chinese Civil Law Research Association, Liu Kaixiang, and law school professor of NNU, researcher of the Chinese Institute of Rule of Law Modernization, Executive Director of the Chinese Civil Law Research Association, Vice President of Jiangsu Civil Law Research Association, Huang Hexin, held a lecture titledthe abuse of appearicism should be avoidedfor the students and faculties of law school. The conference room 410 was packed with more than 100 teachers and students who joined in this academic feast.
First of all, professor Cui pointed out that appearicism was understood by academia as the principle endowing legal effects according to objects’ appearance, which took the words too literally and had abused it. In some cases, this kind of understanding leads to extremely inappropriate consequences. In fact, appearicism is mainly used in the transactions where the meaning of parties and the rights conflict, and its application is limited. Appearicism arises when the law, for a specific reason, has to give legal effect in accordance with the appearance, especially the reasonable trust of the appearance, as an exception and supplement to the principles of absolute ownership and autonomy of will. Then, he systemically elaborated the boundary of the application of appearicism in the relationship between appearicism and apparent agency, appearicism and action beyond authority as well as in transactions by contract, invalidation of rights and the notice to dismiss contract.
Professor Liu agreed with Professor Cui and further pointed out that appearicism was reasonable, but it could not be applied everywhere. Once abused, it will lead to value discounted and even negative effects. Professor Liu uniquely divided appearicism into three types: rightsappearicism, identityappearicism, and factual condition appearicism. He gave examples and explanations separately, and pointed out the differences between the application of appearicism to nominal shareholders and impersonated shareholders in particular.
Professor Huang Hexin suggested that the limitation ofappearicism is a major topic of theoretical and practical value, especially for the correction of judicial tendency to take this doctrine absolute. He completely agreed and absolutely appreciated Cui's pioneering research and achievements on this topic. In the view of Professor Huang, appearicism abuse in judicial practice is common, and it is particularly prosperous in commercial field. For example, in the trade bill discount case, the court often verdicts based on the abstract principle of negotiable instrument, ignoring the existence and authenticity of debt. When solving factoring contract disputes, the judges only pay attention to whether the procedures for the transfer of receivable debts are complete, neglecting the basis for receivable account claims, the authenticity of the basic contract, thus artificially mitigating the factors’ obligation to cautiously review the contract and its performance.
The present students actively participated in the interaction, raising the questions as whether appearicism abuse was related to the combination of civil and commercial law, and how to deal with disposing property by impersonation. Professor Cui and Liu gave detailed analysis and answers in cases.
Finally, Professor Huang summarized the lecture briefly, emphasizing that law school students should learn from such advanced scholars as professor Cui to keep abreast of the tendency of the time, to pay attention to the trend of the trial, and to connect the theory with practice. The students should also learn their resolution to actively promote the modernization of the rule of law in China, consolidate the theoretical foundation, cultivate problem awareness, and do more judgment research.
At 10:30, the lecture ended in a warm applause. This seminar provided students with an opportunity to face-to-face contact with famous scholars. In this way, they gained a better understanding of the complexities of appearicism abuse. And the activity was praised by the teachers and students of whole school.
Writer: Gao Jiaqian
Translated by Zhang Haoliang