국제상사계약에 관한 일반원칙(PICC)하에서 다수의 채무자와 채권자에 관한 법적 기준 (A Study on the Legal Bases for Plurality of Obligors and Obligees under PICC)

서지정보

· 발행기관 : 한국무역상무학회
· 수록지 정보 : 무역상무연구 / 72권 / 1 ~ 24페이지
· 저자명 : 심종석

초록

This study focused on getting clear understanding on the legal bases in terms of plurality of obligors and plurality of obligees through a analysis the PICC(2010) which has been standing firmly as the general principles of international commercial contract. Related to the title of this paper, PICC are dealingwith not only plurality of obligors but plurality of obligees. The contents of the former are as follows; presumption of joint and several obligations and obligee’s rights against joint and several obligors (arts.11.1.1, 11.1.2, 11.1.3), availability of defences and rights of set-off and effect of performance and set-off (arts.11.1.4, 11.1.5), effect of release or settlement and effect of expiration or suspension of limitation period (arts.11.1.6, 11.1.7), effect of judgment (art.11.1.8), apportionment among joint and several obligors and extent of contributory claim (arts.11.1.9, 11.1.10), rights of the obligee, defences in contributory claims, inability to recover (arts.11.1.11, 11.1.12,11.1.13) and so on. On the other hand the contents of the latter are as follows; definitions (art.11.2.1), effects of joint and several claims (art.11.1.2), availability of defences against joint and several obligees (art.11.2.3), allocation between joint and several obligees (art.11.1.4). Themain subjects are one iswhen several obligors are bound by the same obligation towards an obligee, the obligations are joint and several when each obligor is bound for thewhole obligation, the obligations are separatewhen each obligor is bound only for its share and the other iswhen several obligees can claimperformance of the same obligation from an obligor, the claims are separate when each obligee can only claimits share, the claims are joint and several when each obligee can claim the whole performance and the claims are joint when all obligees have to claimperformance together.

영어초록

This study focused on getting clear understanding on the legal bases in terms of plurality of obligors and plurality of obligees through a analysis the PICC(2010) which has been standing firmly as the general principles of international commercial contract. Related to the title of this paper, PICC are dealingwith not only plurality of obligors but plurality of obligees. The contents of the former are as follows; presumption of joint and several obligations and obligee’s rights against joint and several obligors (arts.11.1.1, 11.1.2, 11.1.3), availability of defences and rights of set-off and effect of performance and set-off (arts.11.1.4, 11.1.5), effect of release or settlement and effect of expiration or suspension of limitation period (arts.11.1.6, 11.1.7), effect of judgment (art.11.1.8), apportionment among joint and several obligors and extent of contributory claim (arts.11.1.9, 11.1.10), rights of the obligee, defences in contributory claims, inability to recover (arts.11.1.11, 11.1.12,11.1.13) and so on. On the other hand the contents of the latter are as follows; definitions (art.11.2.1), effects of joint and several claims (art.11.1.2), availability of defences against joint and several obligees (art.11.2.3), allocation between joint and several obligees (art.11.1.4). Themain subjects are one iswhen several obligors are bound by the same obligation towards an obligee, the obligations are joint and several when each obligor is bound for thewhole obligation, the obligations are separatewhen each obligor is bound only for its share and the other iswhen several obligees can claimperformance of the same obligation from an obligor, the claims are separate when each obligee can only claimits share, the claims are joint and several when each obligee can claim the whole performance and the claims are joint when all obligees have to claimperformance together.

참고자료

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