서비스계약에 관한 유럽법원칙에 관한 연구 - 서비스제공자의 계약에 적합한 서비스제공의무를 중심으로 -

Abstract

This study mainly deals with the service provider's duty to provide his service in conformity with the contract under the Principles of European Law on Service Contracts (here-in-after PELSC), which is applied to construction, storage, design and factual information contracts. Before it examines the details on such duty under each type of service contract, it describes and analyzes on what basis the liability of the service provider is established under the PELSC, that is, whether such liability is based on his failure to exercise the service with the required care and skill (Obligation of means) or on his failure to achieve the result stated or envisaged by the client at the time of contract or at the time of its variation (Obligation of result). And it also attempts to figure out whether the service provider is under the duty to carry out the service with the required care and skill even when he is obliged to achieve the result stated or envisaged by the client at the time of contract or at the time of its variation. After examining the bases for the service provider's liability and their inter relationship, it investigates the relevant rules for the service provider's duty to provide his service in conformity with the contract under the PELSC. This investigation starts with the issue of why such duty is imposed on the constructor,storer, designer and factual information provider and continues to interpret the rules in light of the relevant rules themselves, their inter relationship and some of the CISG rules. Furthermore, while investigating the rules on the service provider's duty to provide his service in conformity with the contract, it seeks to point out problems in terms of their interpretations and gaps in their rules to cover various aspects of non-conformity and put forward some solutions for such problems and gaps.