论文部分内容阅读
在托收所涉及的当事人的法律关系中,委托人与托收行、托收行与代收行之间都是代理关系,这点并无争论。而对于委托人与代收行之间的法律关系,托收统一规则并未作出明确规定,其亦未对银行违反该规则所设定的义务时将承担什么法律责任作出任何规定。因此如何结合我国民法通则与合同法的相关规定进行法条解释,形成一个既遵循现行法律的规定,又能妥善合理的解决当事人之间的纠纷,平衡双方权益,符合诚实信用原则的理论将显得尤为重要。
In the legal relationship of the parties involved in the collection, there is no dispute about the relationship between the principal and the collecting bank, the collecting bank and the collecting bank. As for the legal relationship between the principal and the collecting bank, the uniform rules for the collection of receipts have not been clearly stipulated and there is no stipulation on the legal liability to be borne by banks when they violate the obligations set forth in the rules. Therefore, how to combine the common law of civil law with the relevant provisions of the law of contract to interpret the law and form a theory which not only follows the provisions of the current law, but also can properly and reasonably resolve the disputes among the parties, balances the rights and interests of both parties and meets the principle of good faith, Particularly important.