구두증거배제의 원칙 － 그 적용상의 문제와 현대적 의미에 관하여 －

Abstract

【Abstract】 Parol Evidence Rule Kim, Son Guk Parol evidence rule is a unique rule in common law countries. Parol evidence rule means that whenever contractual intent is sought to be ascertained from among several expressions of the parties, san earlier tentative expression will be rejected in favor of a later expression that is final. In other words, where a contract is reduced to writing, the general rule is that parol evidence cannot be admitted to add to, vary or contradict the written instrument. And it is commonly called the parol evidence rule, it exclude not only oral evidence, but any other forms of evidence extrinsic to the document. The purpose of the rule is to promote certainty, however, sometime a strict application of the parol evidence rule would obviously cause injustice. For this reason, the law in common law countries has limited the scope of rule and created exceptions. This article introduce such cases beyond, sometimes conveniently called exceptions, the rule. The main purpose of this article also lies in an emphasis of the important meaning of the parol evidence rule in global era. There are so many problems which we confronted with when we deals with the contract law of common law countries. It is a trend that the concern of contract law of common law countries is increasing day by day. I'd like to emphasize that we should recognize what and why we should devote ourselves to research the contract law of common law countries. I illustrated the example of CISG and the parol evidence rule. The modern meaning of parol evidence rule is that we need to understand the law of contract of common law countries in the context of current situation in which contract law of the world will be harmonized and unified in the future.