Earticle

초록

영어

Chinese private law takes combination of civil and commercial code. Since in China, there are various legal agents that don’t exist in other countries, whenever foreign investors who are familiar with civil law system sign contracts, they have questions about other chinese party has a qualification as a commercial merchant and their legal actions are admitted as commercial transactions. These matters are derived from the fact that there is no clear legislation for commercial merchants. Commercial merchant is not a legal concept in Chinese private law as well as there is no regulation about commercial transactions.
Also, there are many discussions on position of the commercial code. There are two kinds of opinions. One is commercial code which puts within civil code(unification legislation). The other is separate legislation. These discussions are based on whether the concept of commercial merchant or commercial act is admitted or not. If the concept of commercial merchant or commercial act is admitted, commercial code could be independent from civil code. I support independent commercial code, because various commercial merchants are practically exist in China and each law admits commercial merchants.
China takes requisite for establishment in effect of commercial registration, therefore commercial agents who don't get commercial registration couldn’t do business, and the principle of public confidence on registration should be admitted.

목차

Ⅰ. 논의 배경
 Ⅱ. 상법의 수용가능성에 관한 논의
  1. 민상일원주의법제와 민법전의 제정
  2. 상행위법주의의 수용가능성
  3. 상인법주의의 수용가능성과 상사주체에 관한 논의
 Ⅲ. 상사주체의 적격문제
  1. 상사주체 개념과 적격
  2. 영업능력의 요건
  3. 영업능력의 시기와 종기 및 문제점
 Ⅳ. 등기의 효력과 상사주체의 적격문제
 Ⅴ. 상사주체의 존재형식
  1. 다양한 상사주체의 형식들
  2. 상인유사 개념
 Ⅵ. 상사주체 중심 법체계의 한계
 Ⅶ. 결론
 ≪ 参考文献≫
 Abstract

저자

• 이정표 [ Lee, Jeong-pyo | 부산대학교 법학전문대학원 교수, 법학박사 ]

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