일본민법 개정안에서의 매도인의 담보책임과 한국민법 개정에의 시사

• 영문명: The Seller’s Liability for the Defects in Goods or Rights in the Revision of the Japanese Civil Code and some Suggestions for the Revision of the Korean Civil Code
• 발행기관: 충북대학교 법학연구소
• 저자명: 김철수(Kim, Cheolsoo)
• 간행물 정보: 『법학연구』第28卷 第1號, 271~301쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

These days, many countries in the world are making active progress in revising the civil law for the modernization of civil law. And in Korea, the Ministry of Justice of Korea made a start by asking the ‘Korean Civil Code Revision Commission’ to revise civil law in the year of 2009. This commission concluded an amendment to the Korean Civil Code in 2013. Therefore, this article intends to observe the liabilities of sellers for the defects in goods or rights in the amendment of the Korean Civil Code, which is an important subject in the field of civil law. For this purpose, at first, this article deals with the seller’s liability for the defects in goods or rights in the revision of the Japanese Civil Code, which has close relations with the Korean Civil Code. And then, as the results of the above observations, it reviews the amendment of the Korean Civil Code and suggested some opinions. The details are as follows. At first, the seller’s liability for the defects must be unified to the liability of non-performance of obligations. And it must be prescribed for the definition of defect and the duty of a seller to deliver goods or rights,which have no defects. And then, it needs to make detailed provisions about the right of claims for subsequent accomplishment, the right of claims for reductions of prices and the right of claims for damages as the effect of the seller’s liability for the defects in rights or goods. Finally, it is expected that the revision of the Korean Civil Code relating to the seller’s liability for the defects could be accomplished through further examination and complementary work.

목차

Ⅰ. 머리말

Ⅱ. 일본민법 개정안에서의 매도인의 담보 책임

Ⅲ. 한국민법 개정에의 시사

Ⅳ. 맺음말

키워드

민법의 현대화(modernization of civil law) 채무불이행책임(the liability of non-performance of obligations, seller’s liability for the defects in goods or rights) 매도인의 담보책임() 일본민법의 개정(the revision of the Japanese Civil Code) 한국민법의 개정(the revision of the Korean Civil Code)