瑕疵擔保責任에 관한 一考

Title
瑕疵擔保責任에 관한 一考
Authors
임성권
Keywords
법학연구, 하자, 담보
Issue Date
2004
Publisher
인하대학교 법학연구소
Series/Report no.
법학연구제7집123-148 pp.
Abstract
This year Korea deposited its instrument of accession to the United
Nations Convention on the International Sale of Goods(CISG) with the
Secretary-General of the United Nations. Following this development, the
CISG will enter into force, insofar as Korea is concerned, in March 2005.
Although the CISG will apply only to international contracts for the sale of
goods, it has significant implications for Korea civil law in general. This is
so that the parties to a contract for the sale of goods might decide to resolve
contentious salient issues without recourse to legal reasoning.

The buyer expects that the object of the transaction would possess its
character as described in the requisite contract. Even if the object lacks the
described character, the buyer will be satisfied when that fault is cured. the
warranty liability of the seller in Korean civil law poses serious problems in
terms of condition and effect. This article dose not address all the issues of
warranty liability in general, but restricts itself to the warranty liability of the
seller; in particular the liability on warranty against defects.

A couple of legal issues of liability on warranty against defects are as
follows: first, should the seller be responsible for delivery of goods without
defect?; second, should the seller be responsible for causes attributable to
warranty laibility, even if the seller intends to charge for such a liability?;
third, can we recognise warranty liability of the seller which is not provided
in Korean civil law?; fourth, what is the scope of compensation for damage
of the seller?; and finally, can we recognise liability on warranty against
defects concurrently with liability on default of obligation?

The above-mentioned legal issues demonstrate that the main critical issue
is how the system of liability of dafault of obligation in the entire civil law
can be restructured. In other words, the key issue here is how to formulate
the conflicting isterests of the status of the buyer and seller. The contract is a
prerequisite for the definition of the default exsting on the object. The
expectation of the society which is normally attributable to that object is alse
to be considered. Therefore, there exists default when all the conditions
which might be reflected in the value of exchange and use are considered
and the outcome of that judgment cannot be satisfied in terms of what is
normally required.
URI
http://dspace.inha.ac.kr/handle/10505/623
Appears in Collections:
연구기관 > 법학연구소 > 법학연구(法學硏究)
Files in This Item:
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