Abuse of agent power (대리권남용)

목차

1. Whether A is an agent without the power of attorney (무권대리인지 여부)

2. Whether Art 126 will be applied (표현대리 성립여부)
(1) Requirements of Art 126

3. Abuse of agent`s power theory (대리권남용의 성립여부)
(1) Meaning of "Abuse of agent`s power"
(2) The scope of the counterpart that is worth of being protected.

본문내용

1. Whether A is an agent without the power of attorney (무권대리인지 여부)
Since A did not have the authority to open a 정기예금, 예금계약 in this case is void. But the counterpart may rely on `ostensible authority` which will then make the contract binding upon the principal.

2. Whether Art 126 will be applied (표현대리 성립여부)
(1) Requirements of Art 126
In order for the counterpart who made a contract with an agent without the power of attorney to rely on Art 126 and make use of "Ostensible authority" to make the contract binding upon the principal

참고 자료

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