不當利得의 補充性: 問題點과 改正方案

• 영문명: The supplementary nature of unjust enrichment law: Focused on current problems & suggested revisions
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이용박
• 간행물 정보: 『비교사법』비교사법 제10권 3호, 247~283쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

The Korean Civil Code has some regulations on unjust enrichment in its articles 741 through 749: that is, starting with general principles of unjust enrichment (Art. 741), the regulations on no-debt-repayment (Art. 742-745) and the grant of unjust cause (Art. 746) as special ones: they are also covering the content and scope of returning of unjust enrichment (Art. 747-749). The so-called unified theory used to be served as its foundation: recently, however, non-unified theory (type theory) prevails, in which specific types of unjust enrichment are separately covered. Meanwhile, as the unified or non-unified theory could have important meaning in its legislation concerned, it surely is a kind of irony for the Ministry of Justice to hardly take consideration of unjust enrichment on the last occasion of the property law revision. This study is dealing with the historical backgrounds of unjust enrichment, on the basis of which, reviewing the impact of the conflict between unified theory and specific type theory on the legislation and translation of unjust enrichment laws in our Civil Cood, and is trying to examine problems and suggest some revisions of current unjust enrichment laws; this paper is hopefully to be served as some fuel to the fire of lots of discussions to revise the law of unjust enrichment by way of analyzing and investigating its supplementary nature, i.e., various problems of unjust enrichment surrounding its application scope or in relation to the other legal institutions.

목차

1. 머리말

2. 부당이득제도의 연혁과 우리 부당이득법의 위상

3. 우리민법에서의 부당이득 본질론

4. 부당이득적용의 보충성

5. 맺음말

참고문헌

ABSTRACT