북한 민법의 실효제도(失效制度)

Abstract

This research examines the cause and effect of Nullity as well as Voidance, the legal handling of Juristic Acts which is not qualified for the essential conditions and nature of Juristic Acts of North Korea. Meanwhile, especially in case of default, it proves the identity of North Korean Civil Law by examining how the change or abolition of planed task and rescission which discharges the contract as Juristic Acts, are functioning to support Socialist system as the Invalidation regime and Juristic Acts. In the same manner with South Korean Civil Law, the Invalidation regime of North Korea shows similarities by showing the followings: (a) dealing with essential conditions of Juristic Acts with expression, purpose and party as the central figure (b) dealing with Declaration of Intention under Mistake and Declaration of Intention by Fraud or Duress as the cause of Voidance (c) dealing with an offense against mandatory and Fictitious Declaration of Intention as well as an offense against a formal act as the cause of Nullity (d) dealing with Rescission which discharges the contract retroactively in case of default. Contrarily, the Invalidation regime of North Korean Civil Law shows simplicity because it does not have any protection provision for the third person. On the other hand, North Korea shows the differences against South Korea by operating strongly their political tendency. Those can be seen by followings: (a) dealing with the belonging of the Performance for Illegal Cause to the State in relation to restitution of Voidance and Nullity (b) dealing with the change or abolition of planed task as the Invalidation regime of contract among the juristic acts (c) coexisting together with criminal liability, administration liability and civil liability about private ownership like Nullity and Voidance.