Korean Civil Code Research Articles

The Proposal of Making the Korean Civil Code Article 646 a Supplementary Legal Rule

The Proposal of Making the Korean Civil Code Article 646 a Supplementary Legal Rule

On Revision of Korean Civil Code Art. 536 II (Assurance of Performance)

On Revision of Korean Civil Code Art. 536 II (Assurance of Performance)

The article 1019 paragraph 3 of Korean Civil Code and the duty of care within a period for due consideration in succession

The article 1019 paragraph 3 of Korean Civil Code and the duty of care within a period for due consideration in succession

The Guardian’s Liability in Accordance with Article 755 of the Korean Civil Code: A Critical Analysis on its Justification Grounds

The Guardian’s Liability in Accordance with Article 755 of the Korean Civil Code: A Critical Analysis on its Justification Grounds

The Korean Civil Code and Foreclosure of Buildings on Mortgaged Land -A Study on Interpretation and Revision-

The Korean Civil Code and Foreclosure of Buildings on Mortgaged Land -A Study on Interpretation and Revision-

Some interpretative and legislative Problems and a Reform Proposal in relation to the Imputation of Performance Provisions : focused on Articles 478, 479 of Korean Civil Code

Some interpretative and legislative Problems and a Reform Proposal in relation to the Imputation of Performance Provisions : focused on Articles 478, 479 of Korean Civil Code

A Study on Compensation of Equivalent Value as the Method of Recovery in Article 406 of the Korean Civil Code

A Study on Compensation of Equivalent Value as the Method of Recovery in Article 406 of the Korean Civil Code

A Reappraisal of Article 397 of Korean Civil Code

A Reappraisal of Article 397 of Korean Civil Code

The Structure of the Korean Civil Code -Suggestions for the Amendment of the Civil Code-

The Structure of the Korean Civil Code -Suggestions for the Amendment of the Civil Code-

Codification of Korean Civil Code

Codification of Korean Civil Code

현저하게 고율로 정해진 이자약정의 효력 및 임의로 지급된 초과이자의 반환청구권 대상판결 : 대법원 2007. 2. 15. 선고, 2004다50426 전원합의체 판결

The purpose of this paper is to examine the case which confirmed the invalidation of high rate of agreed interest and repayment claim of excessive interest. The importance of this case lies in the fact that the court, unlike previous cases, recognized the repayment claim in the excess interest already payed, which had been under controversy since the abrogation of the old Usury Law. This case is problematic, However, because the court did not make clear the criteria and extent of the high interest rate that could be invalidated as a violation of Article 103 of Korean Civil Code. The redemption claim of the excessive interest already payed was settled by the principle of fairness and repayment in good faith, based on the comparison with Article 746 of Korean Civil Code. Since the court didi not follow the precedents, it should have presented the theoretical ground and meaning of unlawfulness. Despite this limit, this case is still important in that the court initiated the legislation on issues under controversy, resulting in the restoration of the Usury Law. For this reason, the new Usury Law was established in 2007 and the law took effect on June, 30, 2007. At this point, the issues on the validity of agreement on high interest rates and repayment claim of excessive interest will be settled under the new Usury Law.

The Scope and Effect of Application of Section 536 (Defense of Simultaneous Performance) Korean Civil Code

The Scope and Effect of Application of Section 536 (Defense of Simultaneous Performance) Korean Civil Code

A study of Set-off of the korean civil code

A study of Set-off of the korean civil code

The International Unified Contract Rules from the Perspective of Thai and Korean Civil Code

물품과 서비스의 국제적 거래의 증가와 함께 국가 사이의 인적 물적 자원의 유통이 보다 적극적으로 되고 있다. 이러한 인적 물적 거래의 글로벌화 및 자유화를 용이하게 하기 위하여 이를 규제하는 통일법이 필요하다. 한국에서도 마찬가지로, 이러한 국제화 및 자유화의 물결을 받아들일 필요성이 매우...