英文摘要 |
Modern economic activities are superiorly focused on secured transactions which are dependent on legal validity. The system of manifested representative is provided for remedying occasional legal nullity when one trading party with a mistaken authorized representative name, engages himself in trading behaviors in ultra vires. So according to the regulation of civil law, no matter what, the bona fide third party gives the reasonable trust to the legal person, legal representative or accountable person, each other's trading behaviors are presumed to be effective in legal. Moreover, the corporation laws of Japan and South Korea offer the system of apparent representative directors so that the incorporation is legally in charge of apparent representative behaviors for protecting the benefits of bona fide third parties in secured transactions. This article studies the theories of apparent representative, the system of apparent representative directors, and the practices of this system in Japan and South Korea, (perhaps in China). Last, author urges that the system might be applied to the Taiwan's Corporation Law, and primarily drafts regulations to be references for amendment. |