보조참가이익에 관한 고찰

• 발행기관: 한국민사소송법학회
• 저자명: 강수미
• 간행물 정보: 『민사소송』제13권 제1호, 139~176쪽, 전체 38쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.05.30

영문 초록

There are quite a few troubles that are concerned with the third person who is interested in a dispute resolution besides party to a lawsuit. If there is a third person whose right and interests are infringed by the outcome of a litigation, it is justified that he intervene in the litigation. In that case, he may participate in a lawsuit. In accordance with Civil Procedure Act Article 71, when a third person has interests in the outcome of a lawsuit, he may intervene in the lawsuit with a view to assisting one party to win a litigation, unless litigation procedures are delayed. The requirements of a sub-intervention or the interests of a sub-intervention function that they set the limit to the intervention of a third person. Moreover the function is considered in deciding whether a third person has legal interest in the outcome of a litigation or not. In the light of the theoretical and practical issues in the interests of a sub-intervention, when the legal status of a third person is influenced by the existence of the right or the legal relation that is the subject-matter of a principal lawsuit, he has the interests of a sub-intervention. In relation to the meaning of the outcome of a litigation, we should consider the theory of the subject-matter in a litigation and the time to judge of the existence of the grounds of an intervention. In deciding whether the outcome of a litigation would have an effect on the right or legal status of a third person, it is necessary to give a thought to the details of the case in that is mattered whether the interests of an intervention may exist.

목차

Ⅰ. 서론

Ⅱ. 독일에서의 보조참가이론

Ⅲ. 우리 민사소송법상의 보조참가이익

Ⅳ. 결론

참고문헌

키워드

소송참가 보조참가 참가이유 보조참가이익 소송결과 법률상 이해관계 intervention sub-intervention the grounds of an intervention the interests of a sub-intervention the outcomes of a litigation legal interest