부진정연대채무와 공동불법행위

• 영문명: The Untruthful Joint Debt and the Cotort
• 발행기관: 원광대학교 법학연구소
• 저자명: 원상철(Won, Sang-Chul)
• 간행물 정보: 『법학연구』제22집 제2권, 225~252쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.30

영문 초록

In rescent years, the enormous economic and social changes have been accmpanied by corresponding chang in our legal system of torts. Under these circumstances, cotort is involved in significant issuse in the area of Law of Torts today. A tort is always composed of by the aet of only one man be made up of by the act of several persons, with is called "cotort" ant prescribed in Article 760 of the Civil Code. Here in this provision are included three kinds of types. That is to say, in the paragraph Ⅰof the Article 760, when plural persons inflict demages on others by cotort, they have the responsibility to compensate the damages. In the paragraph Ⅱof the Article 760, when we cannpt identify who any one inflicted the damages which committed by the behavior of plural persons not jointed, the same shall applied. In the paragraph Ⅲ of the Article 760, the inciters and helpers shall be considered as joint actors. Nontheless, the concept itself of a cotort is not clear now. Modern factors such as development of the traffic and communication, conoertration of entrprises and constant urbanization have brought us much more op-portunity for social contact than any othor period. Therefore, in order to solve this question, writer observed about the behavioural pattems of cotort, the effectual conditiors of cotort, the concrete examples of cotort. Further, this paper is wanted to be become with the basic raw materials on the theory of cotort.

목차

Ⅰ. 들어가는 말

Ⅱ. 공동불법행위 관련이론

Ⅲ. 부진정연대채무의 개념론

Ⅳ. 공동불법행위자의 책임

Ⅴ. 결 론

참고문헌

Abstract

키워드

공동불법행위 부진정연대채무 구상권 인과관계 불법행위 Cotort the untruthful joint debt a right to indemnity a causal relation tort