일본민법 개정안에서의 매도인의 담보책임과 한국민법 개정에의 시사 (The Seller’s Liability for the Defects in Goods or Rights in the Revision of the Japanese Civil Code and some Suggestions for the Revision of the Korean Civil Code)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 28권 / 1호 / 271 ~ 301페이지
· 저자명 : 김철수

초록

These days, many countries in the world are making active progress in revising the civil law for the modernization of civil law. And in Korea, the Ministry of Justice of Korea made a start by asking the ‘Korean Civil Code Revision Commission’ to revise civil law in the year of 2009. This commission concluded an amendment to the Korean Civil Code in 2013.
Therefore, this article intends to observe the liabilities of sellers for the defects in goods or rights in the amendment of the Korean Civil Code, which is an important subject in the field of civil law.
For this purpose, at first, this article deals with the seller’s liability for the defects in goods or rights in the revision of the Japanese Civil Code, which has close relations with the Korean Civil Code. And then, as the results of the above observations, it reviews the amendment of the Korean Civil Code and suggested some opinions. The details are as follows.
At first, the seller’s liability for the defects must be unified to the liability of non-performance of obligations. And it must be prescribed for the definition of defect and the duty of a seller to deliver goods or rights, which have no defects. And then, it needs to make detailed provisions about the right of claims for subsequent accomplishment, the right of claims for reductions of prices and the right of claims for damages as the effect of the seller’s liability for the defects in rights or goods.
Finally, it is expected that the revision of the Korean Civil Code relating to the seller’s liability for the defects could be accomplished through further examination and complementary work.

영어초록

These days, many countries in the world are making active progress in revising the civil law for the modernization of civil law. And in Korea, the Ministry of Justice of Korea made a start by asking the ‘Korean Civil Code Revision Commission’ to revise civil law in the year of 2009. This commission concluded an amendment to the Korean Civil Code in 2013.
Therefore, this article intends to observe the liabilities of sellers for the defects in goods or rights in the amendment of the Korean Civil Code, which is an important subject in the field of civil law.
For this purpose, at first, this article deals with the seller’s liability for the defects in goods or rights in the revision of the Japanese Civil Code, which has close relations with the Korean Civil Code. And then, as the results of the above observations, it reviews the amendment of the Korean Civil Code and suggested some opinions. The details are as follows.
At first, the seller’s liability for the defects must be unified to the liability of non-performance of obligations. And it must be prescribed for the definition of defect and the duty of a seller to deliver goods or rights, which have no defects. And then, it needs to make detailed provisions about the right of claims for subsequent accomplishment, the right of claims for reductions of prices and the right of claims for damages as the effect of the seller’s liability for the defects in rights or goods.
Finally, it is expected that the revision of the Korean Civil Code relating to the seller’s liability for the defects could be accomplished through further examination and complementary work.

참고자료

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