착오(민법 제109조) 정리 - 영어작성 레포트

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고대 Law of Obligation 1 에서 제출한 과제물로 좋은 평가를 받았습니다.
해당 주제는 시험 기출로도 나오기도 합니다.
좋은 학점을 위해 투자하세요.

목차

Ⅰ. Mistake (Art 109)
1. Whether mistake to `motivating circumstances` are included in `mistake` of Art109
2. Meaning of "material mistake"
3. Whether 취소권자 has to pay "Reliance damages" to the counterpart

Ⅱ. 무능력자 취소시 급부의 청산관계
1. Return of Main Payments
2. Return of collateral payments
3. 급부 청산단계에서 쌍무계약의 견련성 유지

본문내용

1. Whether mistake to `motivating circumstances` are included in `mistake` of Art109
(1) Conflict of opinions
① are included when it was informed to the counterpart making him aware of the motive
② are always included but can only be a reason to rescind when the counterpart knew or should have known
③ cannot be included unless the parties have agreed to include it as a terms of the contract
④ cannot be included unless it is so material that it would be just to regard it as an element of the contract such as the identity of the party
(2) View of the Court
The court goes by opinion ① saying that "The party can rely on Art 109 if the intent to include the motive as an element of the contract was informed to the counterpart"

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