Estoppel

Estoppel ( RP: [ ɪstɒpəl ], GenAm. [ Ɛstɑ ː pəl ], from eng to estop, " stop, stop ") is a principle in procedural and substantive law of the common law, according to which an existing se legal claim forfeited and no longer enforceable is, if it is contrary to existing case law, to present documents or to the actions of the Claimant itself, either explicitly or only conclusive. Estoppel occurs when a plaintiff has made negligently or intentionally acts that have awakened the defendant misconceptions in relation to the existing claim, so that the subsequent enforcement of the claim compliance would be unreasonable.

An example of the existence of an estoppel is against the credible explanation of a creditor to his debtor that the debt was issued. In this case, the creditor is denied at a later date The Claiming his claim. Although the substantive law claim of the creditor persists, its enforcement is by estoppel but prevented.

The principle of estoppel has developed differently in the various action areas of the common law, but occurs mainly in the following forms:

• Estoppel by record: This form usually occurs as issue estoppel, cause of action estoppel or judicial estoppel, and means that previous legal proceedings prevent the parties the right to apply to the same or sufficiently similar situations. For example, if a breach of contract was negotiated in court and there is a final judgment, then, the same breach of contract can not be renegotiated in court. Also bind the results of the previous dispute, both parties so that they can impose any conflicting sign statements of fact later in court.
• Estoppel by deed: In this variant, estoppel prevents a party to a proceeding establishes allegations that contradict already recognized by both parties evidence.
• Reliance -based estoppels: In this form, with the two sub-forms estoppel by representation of fact and equitable estoppel estoppel occurs most often.
• Laches or estoppel by delay: This form occurs when the claim holder fails to assert his claim within a reasonable time, and is similar in approach to statutory limitation.
• Promissory estoppel: Where a Party has created a situation of trust by has assured the other party, not to enforce a particular right claimed that they can not exercise this right later.

The estoppel principle is also applied in international law.