법률행위의 착오와 관련한 몇 가지 법적 문제

Abstract

The title of this thesis is “Legal Matters in connection with the Mistake of Juristic Act”. It would be difficult at the present moment to predict exactly what problems may arise in the future. However, there should be efforts to find solutions for problems related to regulation of public order so that the risk of causing unreasonable consequences can be minimized. Since Mistake System of the declaration of intention is something that is being newly developed, a thorough examination of past problems can lead to a future Mistake System of the declaration of intention that is more rational and accords with substantial justice. Civil Law Article 109(Declaration of Intention under Mistake) is prescribing (1) A declaration of intention may be voidable if made under a mistake in regard to any essential elements of the juristic act: Provided, That if there has been gross negligence on the part of declarant, he shall not claim it to be voidable. A juristic act which has been voided shall be deemed to have been void from the beginning, but a person under disability shall be liable to make reparation only to the extent that he is still enriched by reason of such act. A voidable juristic act may be voided only by a person under disability, a person who has made a defective declaration of intention, or the agent or successor in title of such person. I explained about the main contents of Mistake System of the declaration of intention and dealt with the important contents of Mistake System of the declaration of intention and suggested especially the problems and improvements in connection with the Scope of Successor, unjust enrichment and Compensation for damages in Mistake System of the declaration of intention.