독일에 있어서 해제효과론의 전개

Abstract

A Study on the Development of the Theory for Rescission Effect in Germany Chung, Jin-Myung The legal formation for rescission effect has had the interest of discussion for a long time. Direct effect theory has been a common view and precedents have adopted it invariably in Korea. But this theory of rescission effect is the imported one from Germany, which has been German dominant theory. In Korea, critical opinions of its theory became to appear with the change of its theory in Germany. This means that discussion on rescission effect in Korea is not based on its own independent theory butthe imported one from Germany, so it proceeded to be raised to its uselessness. Rescission does not fully blend individual elements needed to establish new system, so it immanently includes uncertainties and obscurities. In Korea, they have not had the real discussion on rescission effect and the present discussion does not proceed over the introduction of the result discussed in Germany. Therefore, the analysis for the system of rescission itself is needed to clarify the discussion of rescission effect. Minute analysis and check of the discussion on rescission effect in Germany is essential for Koreans to find their independent meaning of rescission effect. Because, in Germany, active arguments on rescission effect have been developed with the change of legislation and scholastic theory and the result of these arguments have been regulated through the law of obligations. This study analysed and considered German arguments of rescission effect in the category needed for the formation of the legal theory and the foundation of legislation.