契約解除의 效果

Abstract

Contract cancellation means the act that one person cancels the effective contract by expressing his/her one-sided opinion to the other part. Contract cancellation results in the discharge of debt that has not been accomplished and the recovery of delivery that has already been paid. In this respect contract cancellation is absolutely different from the default that should hold and transfer of damage as a secondary duty. In case of contract cancellation due to committing default by one person. The arguments are different depending on the legal construction or explanation on the condition. That is they have different statement whether the debt should be discharged or transferred into another return bond. After all, the result should be ranged from the boundary and basis of original recovery duty the prospected indemnity of damage, the right of plea for concurrent accomplishment, to the effect of cancellation for the third part. This article focuses on the rational result or solution in explaining the researches on the cancellation, and elicits the consideration based on civil law.