允诺禁反言规则与禁止反悔原则之比较研究

Comparison Between the Doctrine of Promissory Estoppel and the Doctrine of Estoppel

“允诺禁反言”是英美合同法中的一个重要原则,它于19世纪末形成,在20世纪得到充分发展。知识产权领域的禁止反悔原则虽脱胎于允诺禁反言规则,但是它们在允诺的形式、意思表示、主观要件和适用范围上仍有许多不同之处。这两个原则因倡导公平正义和注重法律与现实的联系,对我国合同法和专利法的完善具有重要的借鉴作用。

Promissory Estoppel is an important doctrine in Anglo-American law of contracts. It came into being in the end of the 19th century, and has been fully developed in the 20th century. Although the doctrine of estoppel in intellectual property right law emerged from the doctrine of Promissory Estoppel in contract law, they also have many differences, such as the form of promise, expression of intention, subjective condition and the sphere of its application. Our contract law and intellectual property right law will draw important lessons from the two doctrines in perfecting them because they advocate fairness and justice and value the connection with reality.