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@article{ART002140409},
author={JONGHEE SEO},
title={Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2016},
number={72},
pages={67-95}

TY - JOUR
AU - JONGHEE SEO
TI - Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -
JO - DONG-A LAW REVIEW
PY - 2016
VL - null
IS - 72
PB - The Institute for Legal Studies Dong-A University
SP - 67
EP - 95
SN - 1225-3405
AB - The Korean Supreme Court Decision 2011Da10266 Delivered on October 13, 2011 declared first time about the relation period for exercise of warranty and prescription. Thus, the buyer’s claim for damages as a warranty is subject to regulation of both exclusion period(Article 582 of the Civil Act) and extinctive prescription(Para. 1 of Art. 162 of the Civil Act). It means the special limit of warranty for 6 months after discovery of flaw of object does not exclude the regulation of prescription. So the right of claim damage as warranty is subject to double regulation of expiration, namely 6 month after discovery of flaw of object or 10 years after delivery of object. If one of the two periods expires, the right of buyer lapses without waiting for the elapse of the other period. Though buyer don't recognize defect of the subject-matter of a sale, prescription is complete. However, it is insufficient to protect buyer. For this reason, the Court regards the time it becomes possible to exercise a certain right as the day of delivery of the goods. That is to say, That is prescription starts from the point of recognition of possibility of claiming. It means that the Court has adopted a more flexible approach in dealing with the commencement point of the prescription. This Court's principle applies to not only defect of the subject-matter of a sale but also defect of the right of a sale. While when deciding whether such right as right of rescission is subject to double regulation of expiration, very exceptionally it will be accepted.
KW - Extinctive Prescription;Exclusion Period;Seller's Liability for Warranty;Competition of Extinctive Prescription and Exclusion Period;Starting Point of Computing Extinctive Prescription;Trust and Good Faith;The Korean Supreme Court Decision 2011Da10266 Delivered on October 13;2011
DO -
UR -
ER -

JONGHEE SEO. (2016). Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -. DONG-A LAW REVIEW, 72, 67-95.

JONGHEE SEO. 2016, "Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -", DONG-A LAW REVIEW, no.72, pp.67-95.

JONGHEE SEO "Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -" DONG-A LAW REVIEW 72 pp.67-95 (2016) : 67.

JONGHEE SEO. Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -. 2016; 72 : 67-95.

JONGHEE SEO. "Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -" DONG-A LAW REVIEW no.72(2016) : 67-95.

JONGHEE SEO. Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -. DONG-A LAW REVIEW, 72, 67-95.

JONGHEE SEO. Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -. DONG-A LAW REVIEW. 2016; 72 67-95.

JONGHEE SEO. Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -. 2016; 72 : 67-95.

JONGHEE SEO. "Period for Exercise of Warranty(Right to Claim for Damages) and Prescription - Some Thought upon the Relation between Exclusion Period and Extinctive Prescription -" DONG-A LAW REVIEW no.72(2016) : 67-95.