繼續的 契約關係 및 그 解止에 관한 考察

• 영문명: Study on the Continuous Contractual Relationship and its Termination ex nunc
• 발행기관: 한국민사법학회
• 저자명: 金永信(Kim, Young-Shin)
• 간행물 정보: 『민사법학』제41호, 3~45쪽, 전체 43쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2008.06.30

영문 초록

This study aims at probe into the meaning of “continuous contractual relationship(Dauervertragsverhältnis) , as well as typing and research on its “termination ex nunc(“termination on followings) that characterizes “continuous contractual relationship above all things and gives a need for discussion at the same time. Continuous contractual relationship has many characteristics comparing with temporal contractual relationship and that results in needs for special regulations. To decide extent of its regulations, it is demanded to clarify a meaning of the continuous contractual relationship. Generalization on continuous contract relationship, as well as its termination is carried on in this study. In Germany a terminology so called “Dauerschuldverhältnis , that generats “Dauerleistung , has used for jurisprudential research since Otto von Gierke. Gierke took up position that “Dauervertragsverhältnis generated “Dauerschuldverhältnis and marks of these were in the “Dauerleistung . This classical point of view is reasonable to some extent in these days. In German and Korean jurisprudence nowadays, it is made sharp distinction between “termination in general and “termination in special . It is doubted, however, that a party is authorized to terminate a contract without time period “in general . When Korean Civil Law has no rules on that matter, it is questionable that a party can terminate a contract without time period in general cases. Futhermore, this study suggest typing termination according to its requirements and effects.

목차

Ⅰ. 序 論

Ⅱ. 계속적 계약관계 일반론

Ⅲ. 계속적 계약관계의 解止 一般論

Ⅳ. 結 論

참고문헌

키워드

계속적 계약관계 계속적 채권관계 계속적 급부 해지 일반해지 특별해지 “continuous contractual relationship (Dauervertragsverhä ltnis) “relationship originating continuous contractual obligation (Dauerschuldverhä ltnis) “objects of continuous contractual obligation(Dauerleistung) “termanation ex nunc termination in general termination in special