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传统上都把托收关系中的代收行认定为托收行的代理人。现有学者认为应将代收行认定为间接代理中的第三人;还有研究者认为托收行与代收行构成复代理的法律关系。对于跟单托收各当事人法律关系托收业务的委托人与银行因托收而引发争议时,如何确定银行法律责任,使托收业务在法律的规范下健康的发展。
Traditionally, the collecting bank in the collection relationship has been identified as the agent of the collection bank. Existing scholars believe that the collecting bank should be regarded as a third person in the indirect agent; there is also a researcher’s opinion that the collecting bank and the receiving bank constitute a legal relationship for the return agent. For the controversy caused by the collection of legal collection services for the parties who collect the documents and the parties involved in the collection, how to determine the legal liabilities of the bank, so that the collection business will develop in a healthy manner under the legal norms.