Earticle

초록

영어

If there has been any fault on the part of the obligee in regard to the non-performance of obligations, the court shall take it into account in determining the liability for and assessing the amount of the damages. This is so-called ‘compensatio culpae’. It is regulated in the article 396 of the Korean Civil Code in case of the non-performance of obligations, and this article shall apply ‘mutatis mutandis’ to claims for damages caused by torts. In case of the non-performance of obligations, it is unfair that the obligee claims for damage caused by his negligence, thus the court shall take it into account in determining the liability for and assessing the amount of the damages. Therefore, we can understand that ‘compensatio culpae’ is recognized to realize the equitable share of damages. But, there are so many issues in question on the legal principles of the ‘compensatio culpae’. Therefore, the legal principle on the ‘compensatio culpae’ is need to be reviewed at present. Therefore, this article deals with the meaning of negligence on the ‘compensatio culpae’, the ‘compensatio culpae’ and the capacity of the liability, the application of the ‘compensatio culpae’, and the ‘compensatio culpae’ and the negligence of the third party, etc. And finally, to conclude, the results are summarized and the newly reformed legal principle of the ‘compensatio culpae’ is suggested.

목차

Ⅰ. 서론
 Ⅱ. 외국법에서의 과실상계
 Ⅲ. 과실상계에서의 과실의 개념
 Ⅳ. 과실상계와 책임능력
 Ⅴ. 과실상계의 적용범위
 Ⅵ. 과실상계와 제3자의 과실
 Ⅶ. 맺음말
 참고문헌
 

키워드

저자

• 김철수 [ Kim Cheol-soo | 한국해양대학교 해사법학부 교수, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  세계해양발전연구 [Journal of Ocean Development]

• 간기

  연간

• pISSN

  2287-1497

• 수록기간

  1994~2025

• 십진분류

  KDC 326 DDC 338