불법행위 손해배상청구소송의 소송물에 관한 검토

• 발행기관: 한국민사소송법학회
• 저자명: 이현종
• 간행물 정보: 『민사소송』제23권 제2호, 1~37쪽, 전체 37쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2019.06.30

영문 초록

The Supreme Court subdivides a subject-matter of litigation for damages caused by illegal acts according to the category of damages, and divides it into claim for property damages and claim for mental damages in the general damages litigation caused by illegal acts. And the Supreme Court divides a subject-matter of litigation for damages caused on personal body and life into three claims again; that is, one for affirmative property damages, one for negative property damages and one for mental damages. The Supreme Court acknowledges the above classifications as an expedient approach, which lacks theoretical basis or practical benefits. Therefore, a subject-matter of litigation for damages caused by illegal acts shall be distinguished by one loss irrespective of any category of damages. And Such subject-matter of the lawsuit for damages caused by an illegal act shall be specified by the claim application and the factual relation of the cause of the claim. The claim application and the factual relationship shall be the basis for determining the subject-matter of the lawsuit together. However, it is expected that various views and discussions will be presented in the future, as it has not been able to establish a clear position concerning the part of an illegal act within the fact-related relationship to specify the subject-matter of litigation for damages, such as defining the limits of a fact-related relationship.

목차

Ⅰ. 서론

Ⅱ. 불법행위로 인한 손해배상청구소송의 소송물 동일성 판단기준

Ⅲ. 개별적인 불법행위로 인한 손해배상청구소송의 소송물 특정

Ⅳ. 결론

키워드

소송물 불법행위 손해배상 적극적 손해 소극적 손해 위자료 subject-matter of lawsuit torts damage compensation affirmative damages negative damages mental damages