不法原因給與制度의 立法形式에 관한 考察

• 영문명: The study of performance for illegal cause form of legislation
• 발행기관: 충북대학교 법학연구소
• 저자명: 이현석(Lee Hyun seok)
• 간행물 정보: 『법학연구』第25卷 第1號, 221~238쪽, 전체 18쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.06.30

영문 초록

I explained about the main contents of the payment in connection with the coverage of the coverage of the Payment in illegal cause. Civil Code Section 746 trillion we paid in the body causing return for illegal claim to the exclusion principle, only qualified beneficiary if there is only illegal cause clues to recognize the format of the return of illegal claims for reimbursement of no return is the principle cause of and recognize the exceptional returns. The payment in illegal cause regulated by Civil Code Article 746 is to maintain legal system and legal harmony by protecting the one who commit the anti social legal act. Cause of the extreme sense, illegal operation of benefit plans in the guise of a carte blanche discretion solely on the basis of discretion bigyoron illegality based solely on the conclusion only because it specifically declares the feasibility of opportunistic trial of intensive practice in light of German culture Joe civil Code Section 817 regulations as illegal by explicit principles and exceptional return causes not pay the return type of the legislation is to think that the validity of a review. If there is no legal ground to justify the delivery of the payment the payment should be returned as excessive profit.

목차

Ⅰ. 問題의 提起

Ⅱ. 不法原因給與制度의 沿革

Ⅲ. 不法原因給與의 返還에 대한 立法形式의 檢討

Ⅳ. 結論

參考文獻

키워드

불법원인급여 불법성 부당이득 반환의무 반환불가원칙 performance for illegal cause property concept excessive profit Civil Code Article 746