“允诺禁反言”原则论

An Elementary Analysis of the Doctrine of Promissory Estoppel

“允诺禁反言”原则是作为传统的对价理论的对立面而产生的英美合同法概念。它于１９世纪末形成，在２０世纪得到充分发展。其适用须具备四项条件：有允诺存在、受诺人对允诺发生依赖、这种依赖为允诺人有理由预见、受诺人因依赖遭受了损失。它的适用范围包括从合同谈判到合同履行完毕的全过程。该原则因倡导公平正义和注重法律与现实的联系。

Promissory Estoppel is a doctrine in Anglo-American law of contracts as the supplement of the theory of consideration. It came into being in the end of 19th century,and has been fully developed in 20th century. Its application needs four requirements as follows:(1)There exists a promise;(2)The promisee has relied upon the promise;(3)The reliance should be reasonably expected by the promisor;(4)The promisee has been injuriors to the promise. The sphere of its application includes the whole process from the negotiation to the fulfillment of a contract. As it initiates fairness and justice, and lays stress on the connection between law and reality, the doctrine is sure to help better China's law of contract.