북한 민법의 취소제도

Abstract

This paper clarifies the identity of voidance in North Korea and suggests ways to integrate the voidance system of the two Koreas by researching the characteristics of the voidance system of the North Korean civil law, including voidance of Juristic Act. North Korea's civil law stipulates the voidance of consultation and the rescission by non-performance of obligations as the Invalidation regime, and also stipulates the voidance of a broad sense like principal withdraws the delegation of authority and the cancellation of contracts and offers. The voidance system of North Korea's civil law is similar to that of the South Korean civil law in that they deal the declaration of intention by fraud or duress with a cause of voidance, and approve a principal withdraws the delegation of authority and binding force of offer of contract and restitutio in Integrum by the court’s voidance in case the absentee considered to be dead has come alive. However, the voidance system of North Korea's civil law is different from that of South Korea's civil law in that there is no provision such as the provision of protection of a third person acting in good faith, limiting the right of voidance by gross negligence on the part of declarant, and the duration of the voidance right for two months and dealing burden to bear risk with rescission. In addition, there is no provision in the North Korean civil law in related with voidance of Juristic Act that South Korea’s civil law has provisions of other party in voidance, ratification, legal ratification, special provisions of restitutio in Integrum. Therefore, the similarities in the voidance system of the above-mentioned civil law of the two Koreas, and among the differences, the provisions of protection for a third person acting in good faith, dealing differently burden to bear risk with rescission, the provision to limit the voidance right in a case of gross negligence on the part of declarant should be made the contents of the Unification Civil Law. In the North Korean civil law, regulations dealing with acts that are not subject to voidance but are valid for any juristic act necessary for everyday life and the price for which is not excessive by a minor over six years of age, and the regulation of dealing the principal withdraws the delegation of authority with obligation to notify the other party should be considered as provisions of the Unification Civil Law.