다수당사자의 채권관계

• 영문명: The Legal Relation of Plurality of Debtors - Focused on the Joint Lessees in Japan -
• 발행기관: 한국재산법학회
• 저자명: 신봉근(Shin, Bong Geun)
• 간행물 정보: 『재산법연구』財産法硏究 第27卷 第1號, 85~110쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.06.30

영문 초록

Japanese former civil law is enacted in base of French civil law by Bossonade. Japanese existing civil law has two types about co-obligation. one is the 'indivisible obligation', the other is the 'joint obligation. Korean civil law is very similar to Japanese that about the article of co-obligation. This paper is concerned about co-obligation focused on joint lessee, demonstrated Korean & Japanese civil law about co-obligation. Japanese civil law about it is compared to Korean that in this paper. In Korea, joint lessees bear the responsibility 'jointly' by civil code §654. But in Japan, their responsibility is treated case by case theoretically. The divided obligation is a fundamental rule in co-obligation. But It can be the indivisible obligation, joint obligation and ungenuine joint obligation case by case. They are different one after another delicately. That is, in japan, civil legislator tried to pursue a flexibility in concerned of 'joint lessees.' We have to give attention to that the division in them is being collapsed. Indivisible obligation and joint obligation is treated samely in reality. And we cannot discover easily bases that separate joint obligation from ungenuine joint obligation. I wish you could understand it easily and clearly by this paper.

목차

Ⅰ. 서언

Ⅱ. 주체가 복수인 채무

Ⅲ. 공동임차인의 차임채무

Ⅳ. 공동임차인의 손해배상채무

Ⅴ. 공동임차인의 화재보험금청구권

Ⅵ. 결어

키워드

Co-Obligation Indivisible Obligation Joint Obligation Ungenuine Joint Obligation Joint Lessees