契約締結 前의 法律關係

• 영문명: Legal Issues Before Conclusion of Contract
• 발행기관: 한국민사법학회
• 저자명: 김동훈(Kim Dong Hoon)
• 간행물 정보: 『민사법학』제36호, 323~349쪽, 전체 27쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.05.31

영문 초록

In the process of concluding of contract are emerging many diverse legal problems and a couple of significant cases are issued. It means the phase of formation of contract is acquiring more attention. This article handles many aspects of legal problems before the formation of contract. The most important type deals with the inappropriate interruption of negotiation of contract. The supreme court declares that if one party gave confidence on the conclusion of contract and rejected it without appropriate cause, it makes a tort which burdens legal responsibility on the breaking party. Other major issues include the effect of agreement before conclusion of contract, the duty of providing of information during negotiation. Besides it handles parallel negotiation, confidentiality, duty of care on health and property of partners in negotiation. Many disputes arising during negotiation of contract can not easily covered by legal responsibility unless the parties explicitly agreed of it. At this area prevails freedom of act and unlimited competition. At the same time a pre-contractual good faith should plays minimum role, which means that legal and moral responsibility are crossing. The pre-contractual phase are in the road of formation in terms of legal responsibility.

목차

Ⅰ. 들어가는 말

Ⅱ. 法史 및 比較法的 槪觀

Ⅲ. 우리 民法에서 契約締結上의 過失責任論의 意義

Ⅳ. 契約交涉의 不當한 破棄

Ⅴ. 契約締結 前의 合意

Ⅵ. 契約交涉단계에서 情報提供義務

Ⅶ. 기타의 경우들

Ⅷ. 맺는 말

키워드

계약체결상의 과실 교섭부당파기 가계약 준비단계의 계약 culpa in contrahendo interruption of negotiation preliminary agreements agreement to agree