민법상 담보책임과 관련한 몇 가지 법적 문제

Abstract

The title of this thesis is ‘Legal Matters in connection with the Responsibility for Warranty in Korea’s Civil Law’ 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. Civil law article 569(Sale of Right Belonging to Another Person) is prescribing "in the case where a right, which has been made the object of a sale, belongs to another person, the seller shall acquire such right and transfer it to the buyer." Civil law article 570(Sale of Right Belonging to Another Person-Seller’s Liability for Warranty) is prescribing “If, in the case mentioned in the preceding Article the seller is unable, by acquiring the right he has sold, to transfer it to the buyer, the buyer may rescind the contract: Provided, That if he was aware, at the time the contract was made, that the right did not belong to the seller, he may not claim damages.” Civil law article 580 (Seller’s Liability for Warranty Against Defect) is prescribing (1) If any defects exist in the subject-matter of a sale, the provisions of Article 575 (1) shall apply mutatis mutandis: Provided, That if the buyer was aware of or was not aware of such defects due to his negligence, this shall not apply. (2) The provisions of the preceding paragraph shall not apply to the cases of a sale by auction. Since the responsibility for warranty is something that is being newly developed, a thorough examination of past problems can lead to a future's adhesion contract system that is more rational and accords with substantial justice. I explained about the main contents of the responsibility for warranty in Korea’s Civil Law and dealt with the important contents of the responsibility for warranty and suggested especially the problems and improvements in connection with the responsibility for warranty in Korea’s civil law.