불공정약관 조항의 유형과 특징

• 영문명: The types and special features of unfair Clauses in Adhesion Contracts : Focused on the contracts reviewed by Fair Trade Committee last 3years
• 발행기관: 한국재산법학회
• 저자명: 고용철(Ko Yong Cheol)
• 간행물 정보: 『재산법연구』財産法硏究 第25卷 第3號, 301~342쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.02.28

영문 초록

In this study the 226 contracts are researched. These contracts was treated by 3 Adhesion contract Review Committee(ARC in KFTC) in 2000-2004. Almost contracts are new type contracts(complex contracts), not classic type contracts in civil code. In 1. ARC many portion contracts are contracts of the sale in lots, membership contracts, leases. In 2. ARC many portion contracts are leases, membership contracts, consignment management contracts, service contracts. In 3. ARC many portion contracts are contracts of the sale in lots, leases, arrangement on mutual aid(insurance). I study deeply development cost in contracts of the sale in lots and leases, delay of payment, when unlawful strike is occurred, in new car sale contract. The court understand a development cost to someone as like a premium. But a development cost is different from a premium. A development cost is 'a making right or right to be in the near future', but premium is 'a right to be made' or intangible assets. When a lawful strike is occurred, purchaser and seller of car can avoid his responsibility due to force majeure or other equivalent causes. But in unlawful strike, A purchaser to want to buy another(company) car cannot free himself from his claim-obligation relationship without penalty. When a unlawful strike is occurred, in adhesion contract of new car sale the right of rescission must be given to the purchaser without penalty.

목차

Ⅰ.서

Ⅱ.계약유형과 특징

Ⅲ. 결어

참고 문헌

키워드

약관 약관심사자문위원회 심사약관분류 개발비 권리금 분양계약 임대차계약 신차약관 불법쟁의로 인한 인도지연 Adhesion Contracts Adhesion contract Review Committee leases membership contracts consignment management contracts service contracts new car sale contract contracts of the sale in lots delay of payment in unlawful strike