계약해제 규범의 비교법적 고찰 - PECL 및 DCFR의 규정체계를 중심으로 -|RISS 상세보기

다국어 초록 (Multilingual Abstract)

Termination of contracts, which is a means of the most important reliefs from non-performance, focuses on making the party afflicted with non-performance getting out of the restriction of a contractual relationship. Therefore, most of legislations have regulation about what requisites concede termination of contracts and what effects are given, which are regulated differently depending on the scope and characteristics of an individual legislation.
In the area of European contract law, the legislative assimilation for union and harmony in the European way has been proceeding. PECL published in 1998 is an outcome from the synthesis with European continental law and British and American common law divided traditionally. Especially, PECL limits the condition arising legislative right of termination to essential non-performance and carefully regulates termination of contracts as a result of non-performance. DCFR published in 2009 to solve the problem arisen from the difference of the regulations of contract law among the countries of EU. DCFR has been improving the unity of the regulation of EU contract law based on rationality and persuasion. Legal principles adopted from the united legislation of European contract law is the standard law being adoptable internationally and gives not a little meaning to Korean law which is under the revision of civil law.
So, this paper is to give some suggestions as to explanations and legislation controversies of Korean civil law through the consideration on the regulation systems on termination of contracts and on the relative legislation on the legislative requisites and effects in individual regulations.

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