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An Overview of Major Revision of the Japanese Civil Code(Law of Obligations) - Focusing on General Provisions -
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일본 민법(채권법) 주요 개정사항 개관 : 민법총칙을 중심으로

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Type
Academic journal
Author
Seo, Heesok (부산대학교)
Journal
The Korean Association Of Comparative Private Law The Jounal of Comparative Private Law Vol.24 No.3(Wn.78) KCI Accredited Journals
Published
2017.8
Pages
1,069 - 1,144 (76page)

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An Overview of Major Revision of the Japanese Civil Code(Law of Obligations) - Focusing on General Provisions -
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Abstract· Keywords

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Recently, in Japan, the bill for the full amendment of the Civil Code(law of obligations) passed through the National Assembly and passed into law (June 2, 2017). With the amendment, in 120 years after the legislation of Japanese Civil Code (1896), the full amendment of the law of obligation realized. In this article, I reviewed the contents of the amendment and the purpose of the legislation mainly on the general provisions of the Civil Code. As a result of the review, it has been confirmed that the revision of the general provisions of the Civil Code can be broadly classified into the following three types. First type is the legislation of case law into Civil Code to clarify the meaning of specific provisions. Second type is the revision of current law to eliminate the irrationality of the contents of the discipline(regardless of the case law). Third type is the radical revision of the system and contents of the discipline. A few of the amendments to the general provisions of Japanese Civil Code are already reflected in the Korean Civil Code(such as the protection of third parties in Declaration of Untrue Intention), and some others are similar to the draft bill of the Civil Law Revision Committee of the Justice Ministry in 2013(such as the interruption and suspension of extinctive prescription). In addition, many revisions are the reflection of case laws accumulated in Japanese society, and therefore some contents are not suitable to be directly applied to the Korean Civil Code. Nevertheless, I think that the amendment of the general provisions of Japanese Civil Code has a lot of contents that can be referenced in interpretation and legislation of the Korean civil law in the future. It would be a pleasure if the review of this article contributed as little as a reference for related research.
#일본민법 #채권법 #의사능력 #의사표시 #착오 #대리 #원상회복의무 #소멸시효 #Japanese Civil Law #Law of Obligations #Mental ability to discern and judge the result of legal action #Declaration of Intention #Mistake #Agency #Duty to Restore #Extinctive Prescription

Contents

국문요약
Ⅰ. 서설
Ⅱ. 민법(채권법) 개정의 배경 및 경위
Ⅲ. 의사능력
Ⅳ. 법률행위(총칙)·의사표시
Ⅴ. 대리
Ⅵ. 무효 및 취소, 조건 및 기한
Ⅶ. 소멸시효
Ⅷ. 결론에 갈음하여
참고문헌
Abstract

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Related precedents (1)

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  • 대법원 2001. 2. 9. 선고 99다38613 판결

    [1] 민법 제103조에 의하여 무효로 되는 법률행위는 법률행위의 내용이 선량한 풍속 기타 사회질서에 위반되는 경우뿐만 아니라, 그 내용 자체는 반사회질서적인 것이 아니라고 하여도 법률적으로 이를 강제하거나 법률행위에 반사회질서적인 조건 또는 금전적인 대가가 결부됨으로써 반사회질서적 성질을 띠게 되는 경우 및 표시되거나 상대방에게 알려진 법

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