建築都給契約의 解除와 效果
A Study on the cancellation and effect of contract for construction work
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If the one makes use of his right of contract cancellation , it is devested of legal behavior value. The right of cancellation is consists of two sorts, those are The promised cancellation right and the legal cancellation right. It is possible for the concerned Party of contract for work to use the right of cancellation. If the contractor exercises, the right of cancellation, it is imposed in the duty of original statute by the Civil Law ∬548. In this case, the other party gets rid of the structure in course of construction. But in the case of the contract for work on the purpose of construction building, it is irrational from the social economic view. Therefore in the case of the cancellation of contract for work, it is proper for us not to recognize the retroactive effect.
Abstract
If the one makes use of his right of contract cancellation , it is devested of legal behavior value. The right of cancellation is consists of two sorts, those are The promised cancellation right and the legal cancellation right. It is possible for the concerned Party of contract for work to use the right of cancellation. If the contractor exercises, the right of cancellation, it is imposed in the duty of original statute by the Civil Law ∬548. In this case, the other party gets rid of the structure in course of construction. But in the case of the contract for work on the purpose of construction building, it is irrational from the social economic view. Therefore in the case of the cancellation of contract for work, it is proper for us not to recognize the retroactive effect.
참고문헌 (5)
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- 宋德洙, "民事事例演習" (2003), 博英社
- 金東勳, "契約解除의 要件에 관한 判例分析" (1999), 청림출판
- 박종권, "신축공사 도급계약에서 신축공사의 미완성과 하자의 구별기준, 로스쿨 채권법(계약펀)" (2006), 청림출판
- 임태혁, "건축공사 도급계약이 중도 해제된 경우의 법률관계" (2000)