EU 법의 상황과 우리의 민법 (The Legal Situation in the EU and the Korean Civil Law)

서지정보

· 발행기관 : 한국민사법학회
· 수록지 정보 : 민사법학 / 52권 / 71 ~ 100페이지
· 저자명 : 박영복

초록

This article deals with the states of the European private law(Part Ⅱ). To understand the impact of the European Community on the sector of private law is taken account of the legislative bases in the European Treaty, which explain not only the present state of the Community’s achievements, but also the peculiar problems connected to the instrument of the each Member State's national legal system.
Part Ⅲ in this article describes the unification movement in the area of the private law. The piecemeal legislation of the Community cannot cope with divergencies resulting from the context of national laws and in particular with differences in structure, principles and concepts. The harmonization of the general framework which accommodates specific instruments could be carried out by legal scholarship. The important facets of the process are the contributions of legal scholarship which has turned to the analysis of general principles of private law in various fields. The Commission on European Contract Law has certainly made the greatest progress in its work.
An Action Plan of the European Commission issued in February 2003 moves the development of the European contract law into a new phase. Following up the pan-European discussion, considering the problems which result from differences among the national contract laws concerning the uniform application of EC contract law, the Action Plan goes a step further by regarding the academic examination of European contract law as an indispensable core component of further progress towards a coherent European contract law. The Commission is striving to erect the “common frame of reference(CFR)”. It aims to establish common principles and terminology in the field of European contract law.
Part Ⅳ in this article discusses the European-wide efforts of scholars to unify European private law on a comparative basis, particularly from a Korean viewpoint.
At an academic level, the Commission on European Contract Law, under the chairmanship of Professor Ole Lando, and its successor organization, the Study Group on a European Civil Code, have tried to bring to light the existence of common European legal norms and values by publishing the Principles of European Contract Law (PECL). The work done by these groups has been of considerable importance for both the modernisation and new codification of private law not only in Europe, but also in Korea. By taking into account the work already done on the codification of European private law, time-consuming preparatory comparative research is no longer necessary and there is also an substantive rules throughout the world. The PECL and the Draft Common Frame of Reference (DCFR) may also give the chance to compare certain national laws with modern trends in the fields of comparative and European law. In this respect, the incentive they provide for study and development of national as well as European contract law is to be embraced.
This Article draws the conclusion that due to the great historical influence which German civil law has played in Korea, it would be useful for finding and converting the paradigm of the Korean contract law to seek access to the current European developments in contract law directly or via German contract law (Jurisprudence).

영어초록

This article deals with the states of the European private law(Part Ⅱ). To understand the impact of the European Community on the sector of private law is taken account of the legislative bases in the European Treaty, which explain not only the present state of the Community’s achievements, but also the peculiar problems connected to the instrument of the each Member State's national legal system.
Part Ⅲ in this article describes the unification movement in the area of the private law. The piecemeal legislation of the Community cannot cope with divergencies resulting from the context of national laws and in particular with differences in structure, principles and concepts. The harmonization of the general framework which accommodates specific instruments could be carried out by legal scholarship. The important facets of the process are the contributions of legal scholarship which has turned to the analysis of general principles of private law in various fields. The Commission on European Contract Law has certainly made the greatest progress in its work.
An Action Plan of the European Commission issued in February 2003 moves the development of the European contract law into a new phase. Following up the pan-European discussion, considering the problems which result from differences among the national contract laws concerning the uniform application of EC contract law, the Action Plan goes a step further by regarding the academic examination of European contract law as an indispensable core component of further progress towards a coherent European contract law. The Commission is striving to erect the “common frame of reference(CFR)”. It aims to establish common principles and terminology in the field of European contract law.
Part Ⅳ in this article discusses the European-wide efforts of scholars to unify European private law on a comparative basis, particularly from a Korean viewpoint.
At an academic level, the Commission on European Contract Law, under the chairmanship of Professor Ole Lando, and its successor organization, the Study Group on a European Civil Code, have tried to bring to light the existence of common European legal norms and values by publishing the Principles of European Contract Law (PECL). The work done by these groups has been of considerable importance for both the modernisation and new codification of private law not only in Europe, but also in Korea. By taking into account the work already done on the codification of European private law, time-consuming preparatory comparative research is no longer necessary and there is also an substantive rules throughout the world. The PECL and the Draft Common Frame of Reference (DCFR) may also give the chance to compare certain national laws with modern trends in the fields of comparative and European law. In this respect, the incentive they provide for study and development of national as well as European contract law is to be embraced.
This Article draws the conclusion that due to the great historical influence which German civil law has played in Korea, it would be useful for finding and converting the paradigm of the Korean contract law to seek access to the current European developments in contract law directly or via German contract law (Jurisprudence).

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