청헌 김증한 교수님의 共同不法行爲論의 재조명

• 영문명: A Review of the Professor Kim Jeung Han’s Theory on the Joint Tortfeasors
• 발행기관: 한국민사법학회
• 저자명: 정태윤(Taeyun JEONG)
• 간행물 정보: 『민사법학』제69호, 289~330쪽, 전체 42쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2014.12.31

영문 초록

The purpose of this essay is to reappraise the Professor Kim Jeung Han’s theory on the joint tortfeasors and commemorate his achievements in the Korean Civil Law Studies. He published his essay on the joint tortfeasors in 1965. At that time, the theory on the joint tortfeasors was passing through a great change following the social currents. Many questions were fired at the traditional theory, that is ‘the Theory of the Objektive Gemeinschaftlichkeit’. That traditional theory was not apt for solving the problems caused and increased by the development of industry, that is, the contamination of environment and traffic accidents. So Professor proposed new theory, ‘the Theory of the Subjektive Gemeinschaftlichkeit’. This theory had great influences on the law education and law practices. Even today it has important meanings as follows. Firstly, it finds out the institutional meaning of the Article 760 of the Korean Civil Code. Secondly, it rearranges the system of the Joint Tortfeasors and Concurrent Tortfeasors. Lastly, it adjusts the interests of the victim and those of the tortfeasors very efficiently. The Theory of Professor Kim Jeung Han makes it possible to cope with many difficult problems caused by the social divelopement. At last it influenced the Draft Bill of Law Reform 2011.

목차

Ⅰ. 서

Ⅱ. 1960년대 후반을 전후로 하는 공동불법행위론의 흐름

Ⅲ. 김증한 교수님의 共同不法行爲論

Ⅳ. 김증한 교수님의 공동불법행위론의 평가

Ⅴ. 결론

<참고문헌>

키워드

공동불법행위 주관적 공동설 객관적 공동설 누적적 인과관계 선택적 인과관계 Joint Tortfeasors Subjektive Gemeinschaftlichkeit Objektive Gemeinschaftlichkeit Kumulative Verursachung Alternative Kausalitä t