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미국 계약법상 Good Faith 원칙
The Duty of Good Faith in American Contract Law

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Authors
윤진수
Issue Date
2003
Publisher
서울대학교 법학연구소
Citation
법학, Vol.44 No4 pp.40-93
Keywords
신의성실의 원칙계약의 이행과 집행 단계계약 체결(Contract formation)Uniform Commercial Code, UCC
Abstract
In U.S.A., the duty of good faith and fair dealing is recognized as one of the
major principles in Contract Law. But there are intense controversies about the
precise meaning and the scope of the applicability of the principle. This article
intends to introduce the duty of Good faith and fair dealing to Korean readers.
There were early common law cases recognizing the duty of good faith, such
as Wood v. Lucy, Lady Duff-Gordon(222 N. Y. 88, 118 N. E. 214, 1917) and
Kirke La Shelle Co. v. Paul Armstrong Co. (263 N. Y. 79, 188 N. E. 163,
1933). But it was in 1952 that the principle was generally accepted when the
UCC, drafted by Karl Llewellyn, incorporated the principle. Originally UCC
adopted the subjective standard of honesty in fact for the good faith in the
general provisions of Article 1 and only in case of the merchants adopted the
objective standard of the observance of reasonable commercial standards of fair
dealing in the trade as well as honesty in fact in Article 2 regarding Sales. But
because of this failure of adopting the objective standard in the general
provisions, UCC underwent continuing attacks since then. As a result, the revised
UCC article 1-201 of 2001 adopted the objective standard as well as subjective
standard. And §205 of the Second Restatement of Contracts(1981) also
prescribes the general duty of good faith and fair dealing on every contract.
There are much debates about the meaning of the good faith. Professor
Summers asserted in 1968 that the notion of good faith be an excluder, meaning
that it does not have a general meaning of its own but excludes various forms...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9173
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 44, Number 1/4 (2003)
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