Earticle

초록

영어

In modern society, the enormous changes in its aspects economic and social have been accompanied by corresponding change in the legal system of torts. Joint tort is a special type of illegal acting, it has a object to project the defender cordially, by the understand joint act as a one thing, and it does not recognize the individual joint tort' exemption and give the joint and several liability to the joint tortfeasors.
As concerns characteristics of liability of joint tort, we regard it is a joint and several obligation. Because it has to provide burden to all, but that's not correspond to the article 760.
I investigated liability of joint offender and cause concurrence with the a wide sense of things by comparative approach. If one of the occurred to the person of joint tortfeasors, for example exemption, prescription and characteristic of judical decision is affect to the other joint offend is not also a will of sufferer but good for them, so we can not admit the absolute effect and the sufferer can the compensation to the other offender.
I suggest to the emphasize on the meaning of the existence of joint tort and deal with a social problem related with joint tortfeasors, we have to lesson or exempt the prove of causal relation between act and loss of the joint person. Also a great deal of effort to relieve the injured person and restrict the matter of mutual combination of jointer, so as to reasonable work out. I wish this study will be a small motivation to develop a new method and keys to fixing the matters concerning liability of the joint tortfeasors.

목차

Ⅰ. 서론
 Ⅱ. 공동불법행위의 책임체계
  1. 공동불법행위의 의의
  2. 공동불법행위의 체계
  3. 민법 제760조 제1항의 ‘공동’의 의미
  4. 민법 제760조 제1항의 ‘연대’의 의미
 Ⅲ. 공동불법행위자의 책임문제
  1. 공동불법행위자 책임의 성질
  2. 손해배상의 범위
  3. 공동불법행위자 상호간의 내부관계
 Ⅳ. 공동불법행위자의 책임분배
  1. 서설
  2. 공동불법행위의 공평분배 기준
  3. 공동불법행위자간 구상권의 적정화
  4. 공동불법행위에 있어서 피해자의 과실상계
  5. 공평한 책임분배에 있어서 인과관계와 책임귀속
 Ⅴ. 결론
 참고문헌
 ABSTRACT

키워드

저자

• 김상명 [ Kim, Sang-Myeong | 제주대학교 법학부 시간강사. 법학박사. ]

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