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민법개정안의 보증조항에 대하여 -개정취지와 해석론- : Guaranty Provisions proposed by the Civil Code Amendment Committee -Reasons for the Proposals and their Interpretations-
DC Field | Value | Language |
---|---|---|
dc.contributor.author | 양창수 | - |
dc.date.accessioned | 2009-09-25 | - |
dc.date.available | 2009-09-25 | - |
dc.date.issued | 2004 | - |
dc.identifier.citation | 법학, Vol.45 No.3, pp. 37-65 | - |
dc.identifier.issn | 1598-222X | - |
dc.identifier.uri | http://lawi.snu.ac.kr/ | - |
dc.identifier.uri | https://hdl.handle.net/10371/9824 | - |
dc.description.abstract | The preparatory work for the amendment to the first three Books of the
Korean Civil Code (KCC) began on February 1, 1999, when the Special Committee for the Civil Code Amendment (Committee) was established as a subcommittee of the Legal Advisory Commission in the Ministry of Justice. The Committee recently wrapped up its discussions, and the final results of the work became public as a Preliminary Announcement of Legislation in June this year. In this article the author tries to articulate the reasons for the revision proposals on the guaranty provisions and to identify and, in some cases, answer several of the problems arising from the provisions. A guaranty (Bürgschaft) is the crown of personal surety in Korea, serving a distinguished role in financial practices. If you look into the reality of guaranty transactions, however, in many cases the guarantor signs the guaranty out of personal relationship, gratuitously and without due deliberation of the legal consequences thereof. In practice, guaranties for the benefit of financial institutions have been made in the form of a comprehensive keun-guaranty, which covers any of the obligor's obligations arising during the considerable duration, without specifying the scope of guaranteed obligations. In various cases, the guarantors were held liable as such type of comprehensive keun-guaranty was basically found valid by courts. In particular, the financial crisis since the end of 1997 has awakened the need to mitigate the overly strict guarantee liabilities. | - |
dc.description.sponsorship | 이 글은 서울대학교 법학발전재단 출연 법학연구소 기금의 2004학년도 연구지원비의
보조를 받았음. | - |
dc.language.iso | ko | - |
dc.publisher | 서울대학교 법학연구소 | - |
dc.subject | 법무부공고 제2004-25호로 입법예고 | - |
dc.subject | 보증책임 | - |
dc.subject | 보증인의 보호 | - |
dc.subject | 포괄근보증을 금지 | - |
dc.title | 민법개정안의 보증조항에 대하여 -개정취지와 해석론- | - |
dc.title.alternative | Guaranty Provisions proposed by the Civil Code Amendment Committee -Reasons for the Proposals and their Interpretations- | - |
dc.type | SNU Journal | - |
dc.contributor.AlternativeAuthor | Yang, Chang Soo | - |
dc.citation.journaltitle | 법학 | - |
dc.citation.endpage | 65 | - |
dc.citation.number | 3 | - |
dc.citation.pages | 37-65 | - |
dc.citation.startpage | 37 | - |
dc.citation.volume | 45 | - |
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