Abstract: The idea of sanctioning the liar 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 not-against third party rule in simulation is compared with the rule of appearance-ism. By analyzing this rule from the perspectives of the Chinese civil law tradition 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 tendency of prudence and conservatism. As a result, the not-against third party rule in simulation has obvious independent value, and there are important differences between this rule and the rules 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 this is also significantly different from the non-appearance-based registration confrontation rule. 

Key Words: simulation; subjective fault; appearance-ism; third party protection; independence in composition

Author: XIAO Xin, assistant research fellow, CASS Institute of Law;

Source: 1 (2024) Journal of Northeast Agricultural University (Social Science Edition).