프랑스민법상 망은행위로 인한 증여 해제 = Revocation of gift due to ingratitude under French civil law

다국어 초록 (Multilingual Abstract)

Article 556 of the Civil Code grants the donor the right to rescind a gift for ingratitude: (1) criminal acts committed against the donor, their spouse, or lineal relatives; and (2) negligent acts of support obligations to the donor. However, Article 558 of the Civil Code stipulates that rescission does not apply to portions already performed, effectively nullifying the legislative intent of Article 556.
Article 955 of the French Civil Code stipulates that the donor may demand the rescission of the gift from the donee in the following ingratitude: first, if the donee attempts to infringe upon the life of the donor; second, if the donee commits a serious abuse, crime, or insult against the donor; and third, if the donee refuses to support the donor. While a claim for rescission of a gift due to ingratitude is generally brought by the donor against the donee, French Civil Code allows, as an exception, the donor's heirs to file a claim. Furthermore, the legislative intent of the provision for rescission of a gift due to ingratitude is clearly evident in the fact that the effect of rescission is to impose a duty of restoration on the donee. The claim for rescission of a gift due to ingratitude, as stipulated in Article 955 of the French Civil Code, basically presupposes that the donee has a duty of gratitude toward the donor.
Article 558 of our Civil Code, which stipulates that it does not affect the portion that has already been performed, is a special provision on the obligation to restore to the original state, but the problem is that not only is there no reasonable basis for stipulating this special provision, but it may also provide room for it to appear to protect the donee who committed the act of ingratitude more than the donor. Therefore, in order to achieve the true legislative intent of the cancellation of a gift due to a negligent act stipulated in Article 556 of the Civil Code, it appears necessary to impose an obligation on the donee to return the gifted property to the donor by amending Article 558 of the same Act.