履行障碍와 그 救濟 - 民法改正案을 중심으로|RISS 상세보기

국문 초록 (Abstract)

PartⅠㆍⅡㆍⅢ of Korean Civil Code was revised only 3 times after its establishment in 1958. 2. 22. Part Ⅰis the general provisions of civil code. Part Ⅱ is the Law of real property. Part Ⅲ is contracts and torts. The past revisions of Korean Civil Code was very slight things in their the contents.
It is very rare to compare with other countries such as Germany, Japan. The revisions of civil code in Germany was 84 times and Japan was 13 times after 1958. 2. 22.
It is also very rare in comparision with korean another codes such as The constitution and the commercial code. The revisions of The constitution was 9 times and the commercial code was 8 times after establishment. This amendment draft of Korean Civil Code was unique in this point.
We can evaluate that it was increased very meaningful result by many competent Korean lawyers participate in revised work and discuss on various contents. Especially, about today’s topics “performance failure and it’s relief”, we may think it was expressed an accumulated product of Korean jurisprudence before.
Fortunately it differs from the past.
① Regard Civil Code as practical thing, we made the system for amendment of civil code, when it is necessary.
② In the course of revision, the lot of opinions pressed from committee menbers and other scholars. they will be preseved well and Junior scholars and lawyers can study continuously the Draft and these opinions.
Nonetheless, we are just regrettable point in several points as we see through the upper part.
① This draft didn’t receive results of comparative studies sufficiently. (For example, it differs from principle of CISG in cancellation and we didn’t examinate about Chinese contract law)
② A study period is very short and it was insufficient to reflects the opinion of academic circles and practical business groups. Because a revised plan was made for 4 years after a revised committee was decided in 1999.

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