독일에 있어서 해제효과론의 전개

• 영문명: A Study on the Development of the Theory for Rescission Effect in Germany
• 발행기관: 한국재산법학회
• 저자명: 정진명(Chung Jin-Myung)
• 간행물 정보: 『재산법연구』財産法硏究 第24卷 第1號, 189~229쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

  The legal formation for rescission effect has had the interest of discussion for a long time. Direct effect theory has been a common view and precedents have adopted it invariably in Korea. But this theory of rescission effect is the imported one from Germany, which has been German dominant theory. In Korea, critical opinions of its theory became to appear with the change of its theory in Germany. This means that discussion on rescission effect in Korea is not based on its own independent theory butthe imported one from Germany, so it proceeded to be raised to its uselessness.
  Rescission does not fully blend individual elements needed to establish new system, so it immanently includes uncertainties and obscurities. In Korea, they have not had the real discussion on rescission effect and the present discussion does not proceed over the introduction of the result discussed in Germany. Therefore, the analysis for the system of rescission itself is needed to clarify the discussion of rescission effect.
  Minute analysis and check of the discussion on rescission effect in Germany is essential for Koreans to find their independent meaning of rescission effect. Because, in Germany, active arguments on rescission effect have been developed with the change of legislation and scholastic theory and the result of these arguments have been regulated through the law of obligations. This study analysed and considered German arguments of rescission effect in the category needed for the formation of the legal theory and the foundation of legislation.

목차

Ⅰ. 머리말
Ⅱ. 입법과정 당시의 논의
Ⅲ. 입법 이후 학설의 전개
Ⅳ. 독일 채권법개정에서의 해제효과론
Ⅴ. 맺음말
참고 문헌
〈Abstract〉

키워드

계약해제 직접효과설 청산관계설 손해배상 위험부담 원상회복 채무관계 rescission effect direct effect theory indirect effect theory damages for non-performance burden of risk restitution in integrum