무권대리와 상속

Abstract

Unauthorized Representation and Inheritance Hwang, Kwong-Woong In relation to the theory of Fusion of Character, the theory of Principle of Good Faith, and the theory of Parallel Existence are argued in our country. However, the theory of Parallel Existence in our country is not much different from the theory of Principle of Faithfulness in terms of the doctrine and its contents. On the contrary, if the purpose of the theory of Parallel Existence is to be realized, it is reasonable to have the status of the person in charge of the existence of parallel existence completely and to distinguish this theory from the existing theory of Parallel Existence by referring to it as the theory of Complete Parallel Existence. The matter of which of the above arguments is valid will be revealed in the course of reviewing the validity of the conclusion of each case of unauthorized representation and inheritance(i.e. when a unauthorized representative agent inherits the principal (the unauthorized representative agent-inherit case), when the principal inherits the unauthorized representative agent (the principal-inherit case), and under each theory). The theory of Fusion of Character is hard to take in as it is difficult to explain the position of the case in both of the unauthorized representative agent-inherit case and the principal-inherit case. The view that the theory of good faith is not valid in that it fails to keep the purpose of Article 135 of the Civil Code. And the view that it is against the Good fakth to refuse to accept the responsibility for implementation pursuant to Article 135 has a difficult point in attracting the dubious notion of good faith. Therefore, I believe that the theory of Complete Parallel Existence can be used to control the interests of the counterpart of the act of power and the agent of the right without attracting the unclear notion of the law of good faith while maintaining the purpose of Article 135.