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A Study on the Concept of Set-off Contract among Several People - In Reference to the French Civil Code revised in 2016 -

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2017, 5(3), pp.271-288
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

won, sang-chul 1

1용인송담대학교

Candidate

ABSTRACT

The set-off contract is a contract that plow under mutual debts as much as as the equivalent, if several persons have mutual debt. This is a kind of onerous contract that is recognized under the principle of freedom of contract, and takes effect when the manifestation of will between the parties is agree. The contract, which is a kind of legal action, is established to be consistent with two or more conflicting manifestation of wills. But the set-off contract is consistent with declarations among several people that have common-purposed to plow under mutual debts as much as the equivalent. However, it is doubtful whether it is appropriate to classify these set-off contract as general contract. Under the revision, the French Civil Code revised in 2016 divides the Legal action into two separate actions, namely convention and unilateral action. Japan has manifestation of will among several people, but is becoming a matter of whether or not to classify, if they can't say that they're in conflict with each other. Although there is a discussion about the set-off contract in Korea, it is true that the discussions are quite lacking. I think it is rather reasonable to define as a “set-off convention”, considering convention with a broader concept included a contract. A unilateral action result in legal effect based on the rules of law or the authority conferred by the Parties’ convention. Under the revision, I believe that the contract and joint acts can be accurately positioned throughout the entire debt law, under the category of convention that produce the effects of a legal action. As you can see in the revision of the French Civil Code in 2016, I think it is necessary to re-examine the status of the set-off contract, but The review of the term meaning the contract still remains a challenge.

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