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银行托收当事人间的基本法律关系为代理。简单的说,托收就是委托人委托托收行,托收行委托代收行向付款人收款。因此一般认为,由于委托人不与代收行直接发生委托代理关系,委托人不能直接向代收行主张权利。但近年来,实践中也出现了多起委托人直接追究代收行过错责任并得到法院支持的案例。本文分析了关于委托人与代收行法律关系的两种观点及国际惯例的新发展,并提示银行应当关注司法实践的变化,采取措施防范风险。
Bank collection of the parties the basic legal relationship between the agency. Simply put, the collection is commissioned by the entrusted entrusted to collectors, consignors commissioned by the collecting bank to collect payment to the payer. Therefore, it is generally believed that since the principal does not directly engage in agency with the collection agency, the principal can not directly claim the rights of the collection agency. However, in recent years, there have also been many cases in which clients have directly held the responsibility for the fault of the collecting bank and obtained the support of the court. This article analyzes two viewpoints about the legal relationship between the principal and the collecting bank and the new developments of international conventions. It also suggests that banks should pay attention to the changes of judicial practice and take measures to guard against the risks.