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崔判燮 청주대학교 대학원 1995 우암논총 Vol.12 No.-
The Korean Civil Code has been significantly amended on December 19, 1990since it was enacted in 1958. The main features of the amended civil law are based fundamentaly on the equality in sexes. In divorce, the right of claim for the division of property endowed a number of women with the remarkable right in Korean where we have adopted the system of personal property. The claim for division of property means that one spouse, when the marriage breaks down, canclaim the division of matrimonial properties obtained by cooperation of both spouses. The right of claim for the division of property aimed at liquidation and alimony for spouses of property, and consolation money aimed at damage of mental suffering. In divorce, therefor, both division of property and consolation money were demanded or one of both was demanded possible. Because it has been regarded another the right of claim.
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최판섭 청주대학교 대학원 1993 우암논총 Vol.10 No.-
The object of study of this thesis is the system of essence the implied warranty of the seller. This system orginated from 'edictum aedilium curulium' designed for protected of buyer in ancient Roman law Since it has been composed theoretically in the beginning of BGB, many scholars are arguing about it. But it remains unsolved even today in the field of civil law The theoretical establishment has not been made in our country either. The argument about implied warranty has been done it bounds of its application to practical cases Law-mating, case law and its explanation of modern countries come to an agreement in opinion that implied warranty should be also applied to sales of unspecified objects. But they didn't come to an agreement in some point : What is the essence of implied warranty? They are dividid by two opinions, the theory of law-indicating liability and that of default liability liability On the hand, the article 581 which should that implied warranty should be also applied to sales of unspecified object, was adopted in current civil law, theories as old cannot me a theoretical structure lucidly In the state of things like this, we are required to re-examine the theoretical structure of implied warranty in relation to overall systems of liabilities in civil law What is the essence of implied warranty? There are two theories that has been arguing about, 'law-indicating liability' and 'default liability'. But majority theory was the theory of law-indicating liability as in the past Theoretical base of the theory is the following proposition, 'In specified sales, the seller is not obliged to offer indefectible objects to purchasers', that is to say, 'Dogma of specified objects' Therefore I tried to prove essence of implied warranty by 'default liability' which is one sort of 'imperfect fulfillment liability' For the understanding of implied warranty, we need analyze the content of itself. The background of implied warranty comes from contracts as a form of sales Then what is the feature or essence of the contracts of sales? The feature lies in equivalent relation that both parties compensate for each other bilaterally This implied warranty with a fault in result of offer means imperfection of obligation of contracts. That's, what is called, imperfect fulfillment Imperfect fulfillment is one of aspects of default of obligation, which could not be seen in Roman law at that time. Our civil law has not covered this part either But generally 'imperfect fulfillment' becomes one model of 'Default of Obligation' with 'Impossibility of Performance' In sales of a specified objects, a purchaser, I consider, has a right to ask 'offer of indefectible object' base on the liability of default of obligation in that case, If the specified objects can be given 'the right of claims for perfect object' It is also natural consequence that the subsequent accomplishment and repair of the defect should be accepted
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