대리에 관한 민법 규정의 개정 검토

초록

There have been two previous discussions on the revision of the property law sector of the Civil Code. However, the revision of the rules on representation has not been proposed. This is because even if there was a need for detailed revision of individual regulations on agency, there was no need for a major reform of the agency law as a whole. This article first briefly reviews the history of the discussion on the revision of the Civil Code Rules on Representation, and then examines the revision proposal of the Civil Code Revision Commission. Except for the proposal to create an abuse of agency provision and to amend Article 124 on the prohibition of self-contracting and representation of both parties, the Civil Code Revision Committee's proposal mostly amends or supplements the wording of the current provisions. This paper examines Article 117 on the conduct capacity of an agent, Article 124 on the prohibition of self-contracting and representation of both parties, a creation of new regulation(Aticle 124-2) on the abuse of representation, and the issue of the new types of apparent representation. In addition, we briefly reviewed the provisions of Article 134 regarding the right of withdrawal by the other party to an unauthorized Representation party, which was not included in the Civil Code Revision Committee's revision proposal. Although the rules on representation have been discussed in previous Civil Code revision discussions, this is the first time that specific amendments have been proposed. Even if the proposed amendments are not as extensive as in other areas of the Civil Code, they are an important step forward for the systematic completeness of the Civil Code.

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