關係理論에서의 契約內容의 確定

• 영문명: The Formation of a Contract in the Doctrine of Relation
• 발행기관: 한국부동산법학회
• 저자명: 김성필(Sung-Pill Kim)
• 간행물 정보: 『부동산법학』부동산법학 제11집, 157~179쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.12.01

영문 초록

In the Common Law, the basic theory on the system of private law is "doctrine of Relation". In this theory they emphasize that the legal basis which people must follow the contract is not "will" of the contracting parties but "relation" between them. The other side, in the Continental Law the legal basis of the contract is "will" or "agreement of will". The Korean Civil Code(KCC) is belonged to the latter, and there is a wide difference between the both sides. But as the "doctrine of declaration of intention"(objectivism) is widely adopted in the Korean Contract Law, the "doctrine of Will" came close to "the doctrine of Relation". Today, it is the general trend to emphasize the society and the public welfare rather than the personal freedom and rights. So the standard for construction contract which is based on the personal will is to be altered. This is the point of this thesis.

목차

Ⅰ. 서

Ⅱ. 계약의 청약과 승낙

Ⅲ. 계약내용의 확정

Ⅳ. 결

【참고문헌】

【ABSTRACT】