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KCI 등재
채무자의 정보제공,수집의무와 귀책사유 개념의 확장
The Expansion of Fault of Debtor in Connection with Duty of Offering and Collection of Information
김동훈 ( Dong Hoon Kim )
법학논총 31권 2호 337-354(18pages)
UCI I410-ECN-0102-2015-300-000285701

Korean civil code Art. 390 prescribes that the debtor has responsibility to compensate for the non-performance only if he is to blame for non-performance. The criteria of debtor’s fault has been focused on his negligence on the act of performance. A couple of cases in this article that show the meaning of fault in contract law, deal with the issue of information in context of contracting and performing. For example the debtor did not provide appropriate information about risk immanent in performance or rejected to perform on ground of false legal judgement. These reveal that the issue of information provides the most important basis to judge the risk allocation of both parties in contract relation. To acknowledge the fault of debtor means that the realized risk of non-performance is allocated to debtor. The decision of fault is the first step of risk allocation. To evade the dispute of posterior risk allocation it is recommended to deal with the risk at the stage of contracting. The information about risk immanent in contract should be revealed at proper time, so that it may be assumed or not. On the other hand to collect and judge the information related to performance accompanies in principle taking the risk of decision.

Ⅰ. 들어가는 말
Ⅱ. 채무불이행에서 귀책사유의 의의
Ⅲ. 귀책사유 개념의 변천에 관한 약간의 비교법적 고찰
Ⅳ. 귀책사유 개념과 관련된 최근 판결들의 소개
Ⅴ. 귀책사유와 위험의 분배
Ⅵ. 정보제공의무와 귀책사유 개념의 확장
Ⅶ. 채무자의 법률적 판단의 오류와 귀책사유
Ⅷ. 맺는 말
[자료제공 : 네이버학술정보]
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