사법상의 철회에 관한 연구

Abstract

Our civil law and private special law approve the various kinds of revocation in order that an intender gets out of the restriction of legal acts or the effects of legal acts already occurred can be solved. Legal articles name it cancellation or recession but the meaning of some regulations is revocation in its legal characteristics, and other regulations should be regarded as revocation. Like this, our civil law and private special law stipulate revocation in sporadic variety. So the concrete legal effects of the use of revocation can not be found and the function of revocation is partly different. Therefore, revocation stipulated in our civil law and private special law raises several questions. Firstly, revocation can be questioned whether it makes intended expression not occurred yet cancelled or the one already occurred cancelled. It has the important meaning in the conceptive definition of revocation, the legal effect by the use of revocation right, and differentiation it from other similar systems. Secondly, if an intender withdraws his or her intended expression, what object of revocation and what legal situation of its are questioned. The former is concerned with the one whether its object is already intended expression itself or legal effects of intended expression, which becomes the basis of judgement on legal characteristics and function of revocation. The latter is concerned with the one whether, in the case of approval of revocation right, intended expression or legal act is not come into existence, or the situation of legal act is valid or nullified though legal act is already effected, which has an important meaning in the use of revocation and its legal construction. Thirdly, our civil law and private special law have various regulations permitting or negating revocation, whose basis and standard are questioned. The application of revocation should be limited because there is tension between revocation and the principle that is "contract must be kept". But private special law of these days expands and applies the revocation system to protect consumers and, in this case, there is difficulty in the united grasp the basis of legal theory and revocation in civil law. This paper investigates the revelation feature of legal revocation and its characteristics, and tries to draw the legal concept of revocation through the comparison with the systems of other law. Especially, it examines the benefits of legal doctrine that the system of revocation has and the disposal of revocation that has a substantial meaning. Lastly, it examines the using requisite of revocation right being revealed in the various legal systems and its effects.