매도인(賣渡人) 담보책임(擔保責任) 본질논(本質論) = Essence theory of Liability of the seller

다국어 초록 (Multilingual Abstract)

The modern civil law in compliance with a definitive agreement from laws of most in the right or selling and buying object which the buyer acquires imperfection to charges a responsibility for security in case there is a defect (flaw) in the vendor. Responsibility for security the box with the compensatory contract other including selling and buying from the juridical relation will be able to identify defect wave is to right or case vendor etc. there is a flaw to the thing which is an object of right is made to charge and the responsibility says. Namely, comes from with flaw of the thing which is an object of right or right and characters of the debtor including the vendor or other encounter the reduction of loan or compensates a damage and the thing which is complete makes a presentation and or contract cancellation must encounter coat position legally the responsibility for security. The responsibility for security joined in and as composing a selling and buying Buddhist priest``s robe part the selling and buying law department was also the laws which has a quite old history a development and, according to time with many change repeated came, ``Essence of responsibility for security grasps difficult, the thing with development of rightly like this selling and buying system according to the together beriberi from the various nations different selling and buying law discipline is originating from the point which is doing, As the contract type which accomplishes the foundation of capitalism of today definitive agreement as model of compensatory contract the legal position which the responsibility for security system of the civil law as a matter of vendor has will say that the zone does, About like that responsibility for security theoretical rescuing came to reveal enough, a depth and is not a possibility of seeing about essence, judicial precedent about essence of responsibility for security there makes be does not make grasp knows and to do there is not a feeling which reaches to the conclusion which is hasty. Consequently examining closely the essence of responsibility for security in this time civil law provides a responsibility for security and according to the unifying theoretical system does not provide the whole system re-will be able to take a triangular position point is very important from point. Tries to be how according to be how discipline does the formation important matter of responsibility for security decides the contents of scope and responsibility for security of problem and compensation for the loss further how in responsibility for security essence and there to make be will be able to grasp problematic etc. well, becomes, Like this the essence theory of responsibility for security the selling and buying Buddhist priest`s robe the theoretical frame, relates with the interpretation which is general and provides also about responsibility for security of the vendor civil law coat provision occurrence ground and effect of responsibility for security, there is with general default of an obligation responsibility has a basically different feature from point discussion is started to other right event duration. The responsibility for security which is an essence theory of responsibility for security like this features relates with a default of an obligation rsponsibi1ity and understands how and theory composing that resultant responsibility for security how with the contents about discusses.