<論説>商業登記の効力と表見責任 : 商法一二条と商法二六二条との関係を中心として

概要

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According to article 12 of the Commercial Code, matters required to be registered can be set up against a third person acting in good faith after the registration and public notice of such matters have been effected, except a third person who for any reasonable cause has been unaware of them. Because the matters referring to the representing director and the joint representing directors of the company are the matters required to be registered (Comm. Code, art. 188 para. 2 items 7,8,9,para. 3), after the registration and public notice of such matters have been effected, they can be set up against third persons, as a rule, pursuant to article 12 of the Commercial Code. However, according to article 262 of the Commercial Code, a company shall be liable to a third person acting in good faith for any act done by a director invested with such a title as a representing director even in cases where such a director has no power of representation. Therefore, the relation between articles 12 and 262 of the Commercial Code is a debatable question in judicial precedents and theories. This article treats of the above-mentioned question.
関西学院大学の論文
1979-03-01