DCFR에서 건설계약 목적물의 적합성

Abstract

The study examined conformity of the object of a construction contract in the EU, based on the “Principles, Definitions and Model Rules of European Private Law, Draft Common Frame of Reference”(DCFR). The construction contract object must have the quality, characteristics and characteristics as contracted. Also it should be conformity the general criteria. If the finished product lacks these conformity requirements, the constructor is responsible for it. In other words, the law regarding the composition of the constructor's responsibility for defects of the finished product differs varies according to the legislative procedure. In the event of defects in the finished product, responsibility is divided into the legislative precedent according to the law of culpability and the legislative precedent followed by the law of faultless liability. Most of the EU's member states have a law of no fault liability. There is also a legislative ordinance for the provision of labor, technology and materials by the constructor, to remove the liability for negligence, if the constructor provided only the labor or the technology. The law of negligence takes the form of admitting the defense of force majeure. This study is about the conformity of the contract contract completion. The legislative examples of DCFR and EU Member States were reviewed for the concept of conformity, compliance requirements, lack of conformity and responsibility for lack of conformity. Among these, a further in-depth study of implications is required under our civil law. We hope that this research can be used as useful information as market exchanges with the EU expand.