민법 담보책임법 개정안

Abstract

The 4th Subcommittee of the third Civil Code Amendment Committee(2011) proposed the Draft for the Amendment of the Seller’s Warranty Liability in KCC(hereafter “the Draft”), which shall broadly match the seller’s warranty liability with the general non-performance liability, recognizing the uniqueness of the former. Specific details of the Draft are as follows:① Article 570 : the Draft of Article 570 recognizes the seller’s liability regardless of whether the buyer knew that the right belongs to others. The Draft refers to the provision(Article 390) on the general non-performance liability for the seller’s liability for damages. In this regards, both liabilities are same. ② Article 571 : the Draft propose the deletion of Article 571, which provides seller the right of termination. ③ Article 572 : the Draft of Article 572 recognizes the seller’s liability regardless of whether the buyer knew that part of the rights belong to others. The Draft refers to the provision(Article 390) on the general non-performance liability for the seller’s liability for damages. In this regards, both liabilities are same. ④ Article 573 : the Draft propose the deletion of Article 573, which provides the short-term statute of limitation. ⑤ Article 574 : the Draft of Article 574 itself regulates the seller’s liability for quantity shortages and loss, while until now, Article 574 refers to Article 572, 573. The Draft refers to the provision(Article 390) on the general non-performance liability for the seller’s liability for damages. In this regards, both liabilities are same. ⑥ Article 575 : the Draft of Article 575 broadens the scope of the other’s rights to interfere with the buyer’s use and profit of goods and recognizes the right of the price reduction. The Draft refers to the provision(Article 390) on the general non-performance liability for the seller’s liability for damages and deletes the provision of the short-term statute of limitation. In this regards, both liabilities are same. ⑦ Article 576 : the Draft of Article 575 extends reasons that prevent buyer from taking ownership of goods. The Draft refers to the provision(Article 390) on the general non-performance liability for the seller’s liability for damages. In this regards, both liabilities are same. ⑧ Article 580 : the Draft of Article 580 denies the seller’s liability, when the buyer knew or did not know gross negligently the non-conformity of the specific goods. The Draft recognizes the buyer’s rights to enforce performance and to reduce price. The Draft refers to the provision(Article 390) on the general non-performance liability for the seller’s liability for damages. In this regards, both liabilities are same. ⑨ Article 581 : the Draft of Article 581 provides the same liability for the non-conformity of the non-specific goods as that for the non-conformity of the specific goods. ⑩ Article 582 : the Draft of Article 582 extends the so far period(6 months) of the short-term statute of limitation for one year, and the period begins to run from the time, when the buyer knew or could reasonably know the non-conformity of goods.