급부장애

• 영문명: Impediment to Obligation- Focused on the Way of Regulation -
• 발행기관: 한국민사법학회
• 저자명: 정진명(Chung, Jin-Myung)
• 간행물 정보: 『민사법학』제52호, 361~389쪽, 전체 29쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2010.12.31

영문 초록

The law of impediment to obligation has been placed in the central position in the law of obligation. The claim for damage and the right of termination, which are the effects of impediment to obligation, are the most important legal system. In Korea, if a debtor does not fulfill the obligation, the claim for damage and the right of termination are regarded as the effects of non-fulfillment. In this case, there may appear a dispute that a claim for damage from debtor s non-fulfillment should be regarded as a claim for damage which is from the case that a salesperson provides defected object. The contents of Korean civil law connected with impediment to obligation is abstract, ambiguous and simple that its legal problem has been solved through interpretation. On the contrary, European countries and most countries of the world have solved these problems through the legislation. Therefore, impediment to obligation in our civil law needs the legislative improvement as follows. First, to solve the problem that occurs from the connection the effect of impediment to obligation with the individual type, our civil law should proceed toward the way that empowers legal effect in the consideration for the degree of breach of contract. Second, impediment to obligation should be comprehended in the centered on the parties’ benefits. The right of performance should be in the position as the first right of performance for as a means of relief of non-fulfillment. Third, the civil law should give the second opportunity to perform to a debtor as the effect of impediment to obligation firstly and then in the case of the elapse of the opportunity, the means of a relief which a creditor makes a choice should be applied secondly.

목차

Ⅰ. 머리말

Ⅱ. 쌍무계약에 있어서 급부장애의 규율방향

Ⅲ. 급부장애의 효과에 관한 검토

Ⅳ. 맺음말

참고문헌

키워드

급부장애 손해배상청구권 계약해제 이행청구권 대금감액 채무불이행 계약위반 Impediment to obligation Claim for damage Right of termination Right of performance Reduction in price Non-fulfillment Breach of contract