명의대여자의 책임에 관한 판례 연구

• 영문명: A Study of the Recent Case for Liability of the Person Who has Lent His Name in Section 24 of Korean Commercial Code
• 발행기관: 충북대학교 법학연구소
• 저자명: 김광록(Kim Kwang-Rok)
• 간행물 정보: 『법학연구』第21卷 第2號 (2010), 207~224쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.08.30

영문 초록

Under the Korean Commercial Code Section 24, a person, who has allowed another person to carry on business using his name or trade name, shall be liable jointly and severally with such other person to effect performance in respect of any obligation arising from a transaction in favor of a third person who has effected such transaction in the belief that such other person was the proprietor of the business. Since this Section is basically and theoretically based on the principle of estoppel there are some different academic views in interpretation of this Section about the character of merchants, the nature of transaction between the lender and the borrower of the names, permission of using lender's name, the third party's misconception for the lender's identity and so forth. This Article examine the above mentioned academic views through the recent Korean Supreme Court's Decision

목차

Ⅰ. 머리말

Ⅱ. 판결내용

Ⅲ. 명의대여자 책임의 성립요건

Ⅳ. 명의대여자의 책임 형태.범위

Ⅴ. 맺음말

키워드

상법 제24조 명의대여 금반언의 원칙 허락 외관의 신뢰 Korean Commercial Code Section 24 Loan of Name Principle of Estoppel Approval External Appearance