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周旋業者의 介入權
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논문 기본 정보

Type
Academic journal
Author
Journal
Korea Business Law Association BUSINESS LAW REVIEW Vol.12 (WN.12) KCI Accredited Journals
Published
2003.3
Pages
275 - 297 (23page)

Usage

cover
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Topic
📖
Background
🔬
Method
🏆
Result
周旋業者의 介入權
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Abstract· Keywords

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A person who makes it his business to effect sales and purchases of goods or of valuable instruments in his own name for the account of other person(principal) is called a commission agent(KCC §1Ol). A person who makes it his business to act in his own name as intermediation for the carriage of goods is called a forwarding agent(KCC §114). A person who makes it his business to effect, in his own name, for the account of the other person, activities other than sales or purchase and carriage of goods, is called a quasi-commission agent.
A commission agent has the right to intervention: when a commission agent has received a commission to sell or purchase goods, he may directly become the buyer or seller. In such case, it is required to escape the conflict of interests between the principal and commission agent. Thus the goods should be things having exchange quotation; the price shall be determined by exchange quotation at the time when notice of sale or purchase was dispatched by the commission agent(KCC 107).
A forwarding agent may himself undertake the carriage. However, the parties may agree otherwise(KCC §116-1). When a forwarding agent has produced a land bill of lading upon demand of the principal, he shall be deemed to have undertaken the carriage of the goods for himself(KCC §116-2).
The general understanding in Korean academy is that a quasi-commission agent does not have the right to intervention. But I hold the opinion that a quasi-commission agent may have the intervention right in some cases such as futures trading, etc. And I point out that KCC is in need of some legislative measures in order to cope with the circumstances without agreement regarding intervention right.

Contents

I. 머리말

II. 위탁매매인의 개입권

III. 운송주선인의 개입권

IV. 준위탁매매인의 개입권

V. 맺음말

참고문헌



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