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@article{ART001553987},
author={김성욱},
title={The legal matters in connection with the Payment in illegal cause},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2011},
number={51},
pages={273-295}

TY - JOUR
AU - 김성욱
TI - The legal matters in connection with the Payment in illegal cause
JO - DONG-A LAW REVIEW
PY - 2011
VL - null
IS - 51
PB - The Institute for Legal Studies Dong-A University
SP - 273
EP - 295
SN - 1225-3405
AB - The title of this thesis is “The legal matters in connection with the Payment in illegal cause”. The Payment in illegal cause regulated by Civil Code Article 746 is to maintain legal system and legal harmony by protecting the one who commit the anti-social legal act. If there is no legal ground to justify the delivery of the payment, the payment should be returned as excessive profit. However, when we enlarge the scope to the situation when underlying contract is anti-social therefore void, the claim for recapture is rejected due to the unfairness of the protection given to the one who commit the act against legal system. Other countries also have similar regulations in the form of provision, general doctrine and case law. Consider the aim the payment of illegal cause provision still remains a problem; rejection of the deliver's claim reach substantially the same result as giving the benefiter a lopsided return which is not acceptable in the view of equity. I explained about the main contents of the Payment in illegal cause and dealt with the important contents of the Payment in illegal cause and suggested especially the problems and improvements in connection with the coverage of the Payment in illegal cause.
KW - Illegal Cause;Payment in Illegal Cause;Invalidity of Legal Act;Illicit Gains;Return of Illicit Gains.
DO -
UR -
ER -

김성욱. (2011). The legal matters in connection with the Payment in illegal cause. DONG-A LAW REVIEW, 51, 273-295.

김성욱. 2011, "The legal matters in connection with the Payment in illegal cause", DONG-A LAW REVIEW, no.51, pp.273-295.

김성욱 "The legal matters in connection with the Payment in illegal cause" DONG-A LAW REVIEW 51 pp.273-295 (2011) : 273.

김성욱. The legal matters in connection with the Payment in illegal cause. 2011; 51 : 273-295.

김성욱. "The legal matters in connection with the Payment in illegal cause" DONG-A LAW REVIEW no.51(2011) : 273-295.

김성욱. The legal matters in connection with the Payment in illegal cause. DONG-A LAW REVIEW, 51, 273-295.

김성욱. The legal matters in connection with the Payment in illegal cause. DONG-A LAW REVIEW. 2011; 51 273-295.

김성욱. The legal matters in connection with the Payment in illegal cause. 2011; 51 : 273-295.

김성욱. "The legal matters in connection with the Payment in illegal cause" DONG-A LAW REVIEW no.51(2011) : 273-295.