不公正한 法律行爲

• 발행기관: 호서대학교 사회과학연구소
• 저자명: 金泰翰 崔炳悳
• 간행물 정보: 『사회과학연구』제6집 제1호, 165~179쪽, 전체 15쪽
• 주제분류: 사회과학 > 행정학
• 파일형태: PDF
• 발행일자: 1987.12.31

영문 초록

Where as article 104 of civil law has been regulated that the greatly unfair legal action caused by poverty, imprudence or lack of experence of the parties is void. In a way, where as article 103 of civil law has been regulated that the legal action on matters which is fringed the good customs and others social order is void. As provided by former civil law, unfair legal action has been regarded as the public order and morals but as provided by new civil law call not explain like as in the former civil law. Because, former civil law does not exist the provision like as article 104 of the new civil law. Therefore as provided by new civil law, unfair legal action does not regard as a type of the public order and morals, and it is as follows that the relation between article 104 and article 103. The first, the principle of law is different. Namely, the principle of article 103 consists in antisocial or antimoral action, the principle of article 104 consists in equivalent exchange or unfairness. The second, the object of observance is different. Namely, article 104 aims at protect the profit of a specified person, but article 103 aims at protect the general profit of the public. The third, establishing requirement is different. Namely, article 104 comes into existence with subjective nature of legal action caused by poverty, imprudence or lack of experience of the parties, but article 103 comes into existence with objective nature of legal action. The fourth, an extent of application is different. Namely, article 104 applies an onerous action only in the law of property, but article 103 applies not only an onerous action only in the law of property but also action in the status law or a grafuious action. Individually, article 104 and article 103 are different about the flaw of agency action, the illegal conditions and the real right action. Conclusively, we can know the purpose that article 104 is created a general rule concerned the profiteering is great volition to protect the sound national economy, and the economic weak.

목차

Ⅰ. 總說

Ⅱ. 不公正한 法律行爲의 意義와 法理

Ⅲ. 不公正한 法律行爲의 成立要件

Ⅳ. 不公正한 法律行爲의 効果

Ⅴ. 第104條와 第103條와의 關係

Ⅵ. 結論

參考文獻

Abstract