계약의 성립과 계약구속력의 근거로서의 관계이론

Abstract

In the Common Law, the basic theory on the system of private law is "doctrine of Relation". In this theory they emphasize that the legal basis which people must follow the contract is not "will" of the contracting parties but "relation" between them. The other side, in the Continental Law the legal basis of the contract is "will" or "agreement of will". The Korean Civil Code(KCC) is belonged to the latter, and there is a wide difference between the both sides. But as the "doctrine of declaration of intention"(objectivism) is widely adopted in the Korean Contract Law, the "doctrine of Will" came close to " the doctrine of Relation" Today, it is the general trend to emphasize the society and the public welfare rather than the personal freedom and rights. So the standard for construction contract which is based on the personal will is to be altered. This is the point of this thesis.