사정변경의 원칙에 관한 연구

• 영문명: The Study on the Principles of Change of Circumstance
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 최현숙(Hyun-Sook Choi)
• 간행물 정보: 『비교사법』比較私法 제14권 제2호, 163~187쪽, 전체 25쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

  The international transaction was amplified by developing the means of the traffic and the technology of communications, such an international transaction is mostly the continual contract those mostly want to be lived up to long-pending continually. Such a international transaction is often difficult to live up to just like a original contract because the circumstances is changed by an incident that is no one can foresee what will happen in the future. But the unified international law is not exist, so the issue is not reasonably settled. The parties try to solve the issue through the authority cited law, but it is not an appropriate solution to an issue because it is difference from law of the party"s country. So they try to solve the issue through the international principles.
  In our country, the most scholar insist to introduce “Hardship" but the principle is recognized only a derivative principle and it is not ordained civilly.
  On the basis of making a comparative study the principle of change of circumstances and Hardship, I want to catch up the point at issue to bring up better an idea through to study the principle of change of circumstance on the revised bill article §544. 4. Now for this paper are the most important things an aspect of the requisite and the result. One is that whether subjective change of circumstances is Hardship or not Hardship. The other is that whether the result is a choice or an order. The result are just an amendment of the contract and an annulment of the contract. If the result is an annulment, the first is an amendment of the contract, the second is an annulment of the contract. In former case, the subjective change of circumstances is included within sphere of change of circumstances. Because the disproportion that is resulted by changing of circumstance is must relieved. Then Justice is realized.

목차

Ⅰ. 서론
Ⅱ. 민법개정안(제544조의 4)에서 사정변경의 원칙
Ⅲ. 검토
Ⅳ. 결론
【참고문헌】
【Abstract】

키워드

사정변경의 원칙 재교섭 동기의 착오 계약충실의 원칙 사적자치의 원칙 Hardship Change of Circumstances Pacta Sund Servanda PICC PECL