행사기간이 법정되지 않은 해제권의 행사기간과 기산일

Abstract

Regarding the duration of the right of recission, it is said that Korea's customs takes 10 years of irregularity irrespective of whether the right of statutory right of Recission and the right of termination of the contract are taken. As a result, the right to claim as a result of exercising the right of Recission, It is unreasonable to say that it takes 20 years under Article 162, Paragraph 1 of the Civil Code, to give rise to the right to release such claims. However, our judicial decision differs from the common law in that it can not exercise the right to release if the original contractual obligation expires in relation to the right of termination. However, according to my personal opinion, regardless of the right of cancellation of the statutory right of Recission and the right to terminate the contract, the exercise period can not be exercised once the statute of limitations of the original contract is completed, And the date of commencement shall be calculated from the date on which the right of termination in the civil law is incurred, ie, from the date on which default occurs, on the date on which the parties have agreed to the right of termination.