正當性與可變性

• 영문명: Legitimacy and variability: - The case of consumer contracts -
• 발행기관: 원광대학교 법학연구소
• 간행물 정보: 『원광법학』제37권 제4호, 185~205쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2021.12.31

영문 초록

The vicious, heinous and jarring epidemic of the 21st century (Covid-19) is raging -in an unruly manner - across the world. On the heels of this both unforeseen and hideous sanitary situation, mankind is met with a bevy of challenges and lessons which are in dire need of being withdrawn from a legal standpoint. Against this background, this paper seeks to pinpoint the sizable impact that the ongoing epidemic has had on consumer contracts against the backdrop of legitimacy and variability of the legal system in the remit of modern private law. This paper thus endeavours to gauge the extent to which the current epidemic stands as a force majeure in the remit of consumer contracts or a principle of change of circumstances that disregards the principle of pacta sunt servanda coupled with its impact on both the deposits and the refunds of the fees paid by the consumer. With this context in place, this article parses the impact (or lack thereof) of Covid-19 on the purview of private law system alongside its impact on the effectiveness of ongoing consumer contracts.

목차

1. Introduction

2. Does the current Covid-19 pandemic stands as a typical example of force majeure?

3. The impact of the current worldwide pandemic on the consumer contracts

4. Conclusions

키워드

Consumer Contract Force Majeure Principle of Change of Circumstances Principle of Pacta Sunt Servanda Coupled