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A study on changing of prospect and seller’s liability

  • DONG-A LAW REVIEW
  • 2013, (59), pp.259-285
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

WOOJOO BYUN 1

1경남대학교

Accredited

ABSTRACT

Recently, the right to enjoy comfortable environment has been increased. In other words, an improvement of living conditions leads to the concern on the profit of prospect or prospect right. The profit of prospect involves feeling comfortable and taking a rest to enjoy a view of good scenery, such as natural or historic scenery. Concerning with Possibility of legal protection of prospect right, there is no well-defined rules of prospect right in Korea. So, it has been argued that whether prospect right is reflective interest or an independent legal right. Korean courts have not actively recognized the independent legal right of prospect. Therefore, in this thesis, I re-examined the judicial precedent of Korea and Japan that gives a significant impact on the trial of Korea. So, There is a need to review whether profit of prospect can take a legal protection under any requirements. And we must review a some degree of infringement that establishes tort also. In this regard, It is important Whether the seller can acquire the status that control the change of prospect in status.

Citation status

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