계약체결상 과실책임에 관한 법리의 재론

• 영문명: The Theories on the Liability of Culpa in Contrabendo
• 발행기관: 중앙대학교 법학연구원
• 저자명: 丁海相(Jung, Hae-Sang)
• 간행물 정보: 『법학논문집』法學論文集 第32輯 第1號, 123~139쪽, 전체 17쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.08.31

영문 초록

The liability of Culpa in Contrabendo in Civil Act is one type of Article 535. In a case where a contract, whose objective is unattainable, is concluded, a party to the contract who was aware of, or should have been aware of such unattainability, shall be liable for damages suffered by the other party who relied upon the contract as valid: Provided, That the amount of damages to be recovered may not exceed the profit which would have occurred if the contract was valid. But a party shall not be liable for damages in a case where the other party was aware of, or should have been aware of such unattainability. I examined the consideration of the legal system on the liability of Culpa in Contrabendo, and demonstrated how Trust and Good Faith affects it; Trust and Good Faith shall apply to the primary impossibility of contract. And I focused that Trust and Good Faith shall not only apply to a basis of contract but also to before and after of contract. I propose to generalize Article 535; In a case where a contract, a party to the contract who was aware of, or should have been aware of nullity, shall be liable for damages suffered by the other party, who relied upon the contract as valid, should not have been aware of nullity.

목차

Ⅰ. 서론

Ⅱ. 계약체결상 과실책임의 본질론

Ⅲ. 계약체결상 과실책임의 유형과 책임범위

Ⅳ. 결론

참고문헌

Abstract

키워드

계약체결상 과실(Culpa in Contrabendo) 신의성실(Trust and Good Faith) 계약(Contract) 원시적 불능(primary impossibility) 신뢰이익(reliance interest)