이행기 전의 이행거절과 채권자의 손해경감의무―영미법을 소재로 하여―

• 영문명: Anticipatory Repudiation of contract and Mitigation Duty-Based on the fact of common law-
• 발행기관: 한국부패학회
• 저자명: 배성호(SungHo Bae)
• 간행물 정보: 『한국부패학회보』제17권 제1호, 151~180쪽, 전체 30쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2012.03.31

영문 초록

When the time of the contract performance is due, one party positively states that he or she will not substantially perform a contract; the issue of anticipatory repudiation will come into being. In such as this case, whether or not it is permissible to the injured party to demand the contract performance from the denying party. The direct compensation could be obtained under German, American, British and UNIDROIT, in that condition, the injured party gained the benefit through that compensation. We should bear in mind also the injured party possesses the other option whereas he or she can demand the contract performance whenever the relevant time is due. However, if the contract subject is movable or manufactured commodities as it was mentioned above the injured party has two options, i.e. immediate demand to be compensated regarding to (damages), second delaying his or her reaction until the performance is became due (fulfillment), in that situation the conflicts between those options could be occurred, since the movable or manufactured commodities enjoy changeable value. This essay depicts about the legal principle of repudiation, exams anticipatory of repudiation and creditor's duty to mitigate which affected the other regulations such as German and UNIDROIT. Eventually the implications of Korean civil law at the recent subject matter will be under analytical view as the conclusion of this study.

목차

ABSTRACT

Ⅰ. 서론

Ⅱ. 영미법에 있어서 이행기 전의 이행거절과 손해경감의무

Ⅲ. 민법에 있어서 이행기 전의 이행거절과 채권자의 손해경감의무

Ⅳ. 결론에 갈음하여

참고문헌

키워드

이행거절 Repudiation 이행기 전의 이행거절 Anticipatory repudiation of contract 이행청구 권 The claim of execution 손해경감의무 Rational act for mitigation 선택이론 election theory 선택권 option 정당한 이익 legitimate interest