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「유럽계약법원칙」의 소멸시효규정 -우리 민법에의 시사를 덧붙여-
Prescription Rules of the Principles of European Contract Law, Part 3 -Its Implications for the Korean Civil Law-

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Authors
양창수
Issue Date
2003
Publisher
서울대학교 법학연구소
Citation
법학, Vol.44 No4 pp.114-140
Keywords
유럽계약법원칙 3부소멸시효PECL III단기소멸시효
Abstract
This article deals with the provisions on extinctive prescription (Chap. 14) of
the Principles of European Contract Law (“PECL III”), which was published in
March 2003 as one of possible frameworks for a future Draft European Civil
Code. It is made of two parts. One is the summary of the prescription rules of
PECL III with its underlying policy considerations, and the other is evaluation
from the viewpoint of a Korean civilist, specially in terms of the revision work
on the Korean Civil Code (“KCC”) now in process.
An important feature of the rules in Chap. 14 of PECL III is that the
prescription regime is very streamlined compared to that existing in many
European systems. In particular, there is only one period of prescription (3 years)
for all claims, except those based on judgement (10 years)(Arts. 14:201, 14:202).
The hardship which this short general prescription period may cause to the
creditors, who are barred by prescription although able, even after the lapse of
many years, to establish the claim, should be counterbalanced by applying the
discoverability criterion for the running of the prescription period. So Art. 14:301
of PECL III provides that the running of the period of prescription is suspended
as long as the creditor does not know of and could not reasonably know of the
identity of the debtor and the facts giving rise to the claim. It is because unless
the creditor has previously had a fair chance of pursuing the claim, prescription,
which can effectively amount to an act of expropriation for the general interest...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/9175
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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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