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A Study on the Korean Legal System of Non-Performance Liability

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(3), pp.253-294
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : August 16, 2021
  • Accepted : August 26, 2021
  • Published : August 31, 2021

Pu, Dong-Ho 1

1고려대학교

Candidate

ABSTRACT

In today’s society, by contrast to the past, according to the progress of globalization and informatization, international transactions are increasing, and the importance of contract increases to a large extent and role of contract grows significantly. Thereby, to cope with these situations, the necessity of common rules applicable to international transactions was emphasized, and there were some attempts to make uniform law. And Several results were already obtained, such as United Nations Convention on Contracts for the International Sale of Goods, and Principles of European Contract Law, etc. On the other hand, many countries in the world make active progress in revising civil law for the modernization of the civil law. In these situations, how to revise Korean Civil Code is very important. Therefore, this article intends to observe the recent international trends of the law of non-performance of obligations, which is an important subject in the field of civil law or contract law. For these purposes, at first, this article deals with the United Nations Convention on Contracts for the International Sale of Goods, which are important rules in the field of international contract law, and German Civil Code and the revision of the Japanese Civil Code, which have close relations with Korean Civil Law. Korea's trade dependency in gross domestic product(GDP) is very large. So Korea should create national wealth by international trade. Therefore reducing gaps between norms which are applied in international trades and norms which are applied in domestic transactions is desirable. For the purpose of aforesaid goal, this article suggests the two requirements. First, The initial impossibility must be incorporated into contract liability. Then the contract for the purpose of payment of the initial impossibility is valid. and The Korean Civil Code article 535 must be deleted. Because it is founded on the premise that impossibility has no obligation. Second, Principle of fault liability should be abrogated in rescission of contract.

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