Earticle

초록

영어

Assume the following fact that if plaintiff gave money to defendant under his mistake and without knowing plaintiff's mistake, defendant spent the money given by the plaintiff by going the fancy restaurant which he would have not gone otherwise. Can the defendant defense against plaintiff claiming in restitution of the money by arguing he already spent the money?In such situation, defendant under the English and U.S. law can argue "defence of change of position" ground on detrimental change of position against plaintiff's claim in restitution. This defense places the limitation on defendant's liability and justifies that law of restitution is an independent tool to levy the liability. This paper reviews definition, types of "defence of change of position" and related discussion of causation and fault. As a result of the review, "defence of change of position" plays similar role with "defense of remaining enrichment" under Korean law but it is more flexible in its application because it is based on equity. That is why it is hard to understand its concept but it can provide the tips to understand "defense of remaining enrichment" under Korean law in a way to fit for its purpose.

목차

Ⅰ. 서설
 Ⅱ. 일반론
 Ⅲ. 상태 변경의 유형
 Ⅳ. 인과관계 및 신뢰
 Ⅴ. 과책
 Ⅵ. 결론
 참고문헌
 

키워드

저자

• 이혜리 [ Lee, Hye-Ri | 원광대 법학전문대학원 조교수, 법학연구소 연구위원. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340