비양심성 법리에 관한 영미간 비교연구 - 엔터테인먼트 계약을 중심으로 -

• 영문명: Comparative Study between United Kingdom and America Concerning Doctrine of Unconscionability - Focused on Entertainment Contract -
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 박정기(Jeong-Ki Park)
• 간행물 정보: 『비교사법』비교사법 제12권 1호, 347~382쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.03.01

영문 초록

Trying to free itself from the contract while performing the valid contract, the contract party insists the inadequacy of the contract on any clause of the contract so that the inadequacy should be approved. The conditions of adequacy in contracts should be satisfied in order for the binding force of the contract to be approved. The contract in principle depends on free decisions of the contract party. However, the court can intervene with the dispute if necessary. The entertainment industries are recently continuing to grow. The entertainment industries such as books, music, movies, and computer softwares are of high value when compared to other manufacturing industries. The entertainment industries need enormous monetary investments in preparing for the performing plan. The entertainment industries have a characteristic of inherent gambling factor that huge production costs does not guarantee with profit unless the performance results in success. Therefore, the contracts of entertainment industries should be considered about how to avoid the risk. This paper considers the songwriter agreement in United Kingdom's music industry and net profits method in profit distribution clause in American film industry. The entertainment companies often use unfavorable clause in other agreements mentioned above to the other party because the companies want to avoid risk. The doctrine of unconsionability is used for denying the effectiveness of the agreement. The doctrine appears respectively in different fashions in United Kingdom and in America. The doctrine of unconsionability is actively applied because UCC §2-302 prescribes the conditions and effects in America. On the contrary, the doctrine is not favorably accepted in United Kingdom. Instead of the doctrine of unconsionability. individual principles, e.g. restraint of trade and undue influence, are used in United Kingdom.

목차

Ⅰ. 서론

Ⅱ. 영국과 미국에 있어서 비양심성 법리의 전개

Ⅲ. 영국법과 미국법의 비교

Ⅳ. 엔터테인먼트계약과 비양심성 법리

Ⅴ. 결론

참고문헌

Abstract