國際製造物責任法에 관한 硏究

• 영문명: A Study on the Law of International Product Liability
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이병화(Byung-Hwa Lee)
• 간행물 정보: 『비교사법』비교사법 제11권 2호, 356~399쪽, 전체 44쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.06.01

영문 초록

The development of science & technology and of transportation & communication enabled mass production of new products and the extensive distribution and transaction, while it caused various damages and several problems about product liability due to the occurrence of defect products in the process of being supplied to the public through the complicated economic organization. In general, what the product liability means, is that the party who was involved in a series of process such as production, distribution and sale of products, assumes the liability for indemnifying the end consumer or user, or the third party for damages being occurred by the infringement of life, the body, assets and other rights caused by a defect of goods. In modern industrial society, the matter of global product liability became an important international concern, as products are being internationally distributed and as even an individual's living space is getting broader beyond the border, as well as the matter of product liability is getting further increased due to mass production and mass consumption. However, it is thought that the realization of international unified law can't be expected in the near future because the product liability laws of globally several countries have close relation to traditional legal theories and policies such as a consumer protection and industrial promotion from many countries. Accordingly, this study performed comparative examination in theories, precedents and legislations of America, Germany, Japan and our country, because of seeing that particularly the comparative consideration based on substantive laws from diverse countries will be very useful, in relation to a case of international product liability. Also, it is examining the whole details as to international product liability based on conflict of laws from various countries. In other words, it deals with the matter of the jurisdiction of judgment for international product liability, carries out comparative consideration of cases from America, Germany, Japan, Hague Conventions and our country as to the choice of governing law, and finally, is examining the matter of recognition and enforcement of foreign judgement in terms of international product liability.

목차

Ⅰ. 序 論

Ⅱ. 國際製造物責任의 實質法的 考察

Ⅲ. 國際製造物責任의 裁判管轄權

Ⅳ. 國際製造物責任의 準據法決定

Ⅴ. 國際製造物責任에 관한 外國判決의 承認 및 執行

Ⅵ. 結 論

참 고 문 헌

【ABSTRACT】