북한 민법의 채권의 종류와 효력

Abstract

North Korean civil law classifies a kind of claims into three parts which are claim in specific thing, claim in species, alternative claim, and in a case of several obligees and obligors, it is divided in two parts which are relationship of divisible claims and relationship of joint claims. North Korean Civil Law accepts Compensation and Compulsory Discharge in effect of default while it emphases the principle of lump sum fulfillment in discharge of obligation. Accordingly it is needed to research about legal principles of the kind and effect of claims, and then what similarities and differences between South Korean Civil law and North Korean Civil Law are should be analyzed so that it would be helpful to make the integrated plan for the legislation of law of obligations of unified Korea. As the result of research which is studied about the main points and distinct of a kind and effect of claims, North Korean Civil Law does not have any direct regulation of pecuniary claim in a kind of claims. Also North Korean Civil Law gives priority to socialistic corporation than citizens in several obligees and obligors like relationship of divisible claims, on the other hands guaranty dedt and guaranty of other’s personal identity are not admitted. In the part of Effect of Claims North Korean Civil Law adopts a principle of mutual and friendly cooperation, and a principle of actual discharge of obligation. In related with compensation as remedies of default, the consolation money is not accepted, additionally a premeditated contract is differently dealt from a general contract. In a case of a premeditated contract, a penalty aside from compensation is used as means of fulfillment the economic program, additionally a bank is the one who has the right of compulsory execution in a part of compulsory discharge. all points mentioned above are the main differences from South Korean Civil Law and shows the limit of approval into the civil law of unified Korea. North Korean Civil Law shows different legislative tendency from South Korean Civil Law. Even that North Korean Civil law divides a kind of claims into three parts which are claim in specific thing, claim in species, and alternative claim like South Korean Civil Law. And untrue joint debt is theoretically accepted. North Korean Civil Law accepts delay of performance, impossibility of fulfillment, imperfection of performance, and obligee‘s acceptance delay in a form of default. All the mentioned points above are the similarities of South Korean, therefore, that shows the approach possibility between South Korean Civil Law and North Korean Civil Law.