정보제공의무에 대한 일반규정 신설의 필요성

Abstract

The proposal on stipulation of a general provision as to duty to inform seems to have been attempted to reflect them in civil law as the importance of duty to inform increases in modern society. The importance of duty to inform is not diluted, but will become more important in the future. Nevertheless, there was a part that was insisted on necessity and not properly reviewed. In conclusion, the proposal on stipulation of a general provision on duty to inform failed to provide a criterion on how duty to inform could be admitted so did not achieve their minimum performance. Further it does not mean anything by itself or, if not, it causes there is a systematic problem with existing institutions(that is, rescission of contract based on mistake or fraud, and liability for damages based on tort). This may have more serious consequences under current legal systems, where existing ones are also not well organized. In this regard, the main point of this paper is to oppose the stipulation of a general provision as to duty to inform in civil law. Despite the opposition to the creation of the General Regulations, I believe that discussions on duty to inform should be actively discussed in the future in the great flow of protection of the socially disadvantaged. Based on the basic structure of our civil law, the recognition of its obligations should be discussed, taking into account specific circumstances in specific areas.