利得償還請求權

• 영문명: Claims for the Reimbursement of Benefit (Bereicherungsansprch)
• 발행기관: 원광대학교 법학연구소
• 저자명: 裵檉順(Jeong-Sun, Bae)
• 간행물 정보: 『법학연구』제8집, 121~153쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 1986.02.25

영문 초록

In case that rights on a bill or check is extinguished by the deficiency of procedure of preservation or the completion of the negative prescription, the holder of a Bill or Check can ask for the repayment of the substantial profit which the debtor of such bill or check gained therefrom. This sort of right is the right of claims for reimbursement and is acknowledged not in the Anglo - American Law but in German. This study is going to bring light on some problems which are regarded to be important for this right. 1) To investigate the legal nature of this right. Though there are many views about it, it may be said to be something changed or remained of the original right of the Bill or Check. 2) What are the necessary conditions in order to generate this right? The claimant has to lose his right not only to the other side against whom he is to make claim but also to all the others debtor of the Bill or Check. But it doesn’t matter that he has other relief measure in Civil Law. 3) To negotiate the right to another, it is effective when it is done in the same way as the nominative debt in Civil Law, and it is needed to pass along the extinct Bill or the Check to the grantee. To exercise the right to another, it is reqired to possess the extinct Bill(Check) In short, the negotiation and the exercise of the right of claim for reimbursement is possible only by delivery or possess the extinct Bill or Check 4) About the negative prescription of claim for the Reimbursement of Benefit, there are 10 years, 5 years, 3 and 1 year and 10 or 5 years. To apeak in legishlative theory, it is more desirable to be provided for law as in the German.

목차

Ⅰ. 序論

Ⅱ. 性質

Ⅲ. 利得償還請求權의 當事者

Ⅳ. 利得償還請求權의 發生要件

Ⅴ. 利得償還請求權의 行使와 讓渡

Ⅵ. 利得償還請求權의 消滅

參考文獻

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