영미법상 Consideration 법리와 계약의 쌍무성

• 영문명: The Doctrine of Consideration of the Contract in the Common Law and the Doctrine of Bilaterality of the Contract in the Civil Law
• 발행기관: 한국재산법학회
• 저자명: 나종갑(Na Jongkhab)
• 간행물 정보: 『재산법연구』財産法硏究 第23卷 第3號, 47~77쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.02.28

영문 초록

  the modern contract law in the Anglo-American jurisprudence. The doctrine has been thought of taking its own position which is not found in the Civil Law tradition. The doctrine of consideration differentiates an enforceable contract from an unenforceable contract. The enforceablity of contract is examined by the bargain theory, the will theory, the reliance theory and the fairness theories. However, among those theories, the bargain theory only survived. A study on the doctrine of consideration under the bargain theory is much progressed in the Anglo-American jurisprudence while the bilaterality of contract, the counter part of the consideration, is not much studied in the Civil Law jurisprudence. The bilaterality of contract has been buried for a long time.
  However, a similar trace of the doctrine would be found in the bilateral contract in the Civil Law. To be consideration in a contract, a performance or a return promise must be bargained for. Also in bilateral contract in the Civil Law, a performance or a return promise must be bargained for. In this paper, I have examined the similarity and dissimilarity of both conceptions. I have concluded that the consideration of the Common Law is very similar to the bilateral aspect of Civil Law Contract, although some aspects are different from each other. The doctrine of consideration and the bilateral aspect of contract function to improve the certainty of contract because both conception make more clear the validity of agreements by testing the existences of consideration and bilaterality.

목차

Ⅰ. 서론
Ⅱ. 계약상의 의무와 계약이론
Ⅲ. 교섭이론에 있어서 Consideration
Ⅳ. 교섭이론하에서 거래계약
Ⅴ. 결론 : consideration의 기능
참고 문헌
〈Abstract〉

키워드

컨시더레이션 계약이론 쌍무성 교섭이론 의사이론 신뢰이론 공평이론 영미법 대륙법 consideration common law civil law bargain theory contract theory will theory reliance theory fairness theory