소멸시효에 관한 입법론적 제안

• 영문명: A legislative suggestion on extinctive prescription
• 발행기관: 중앙대학교 법학연구원
• 저자명: 김선협(Kim Seon Hyub)
• 간행물 정보: 『법학논문집』法學論文集 第40輯 第1號, 41~68쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.04.30

영문 초록

In the following I suggest a unified legislative for safety of commercial transaction and Protection of Third Person about extinctive prescription of a consignor and commission agent, extinctive prescription of the Director of the Company to the 3rd Party, extinctive prescription of the Right to Claim for Restitution of Unjust Enrichment in Business Transactions. According to the Commercial Code Article 64, Paragraph 1 "commercial activities due to bond dealers on payment or exchange of goods between traders and merchants selling goods shall be completed when the statute of limitations not exercised five years," I suggest. According to the Commercial Article 401, clause 1 "When a director is neglected their duties, deliberately or by gross negligence that directors are responsible for damages to be solidarity against third parties. According to Article 399, paragraph 2 2, paragraph (3) shall apply in the case of the preceding paragraph. According to Section 3 paragraph 1 shall be a statute of limitations period of five years," I suggest. According to the Commercial Law Article 64 "receivables due to commercial activities is completed when the statute of limitations should not exercise when there is no other provision in this Act for five years. But when that provision of the statute of limitations other than the short-term due to its provisions. Here is the basic commercial activities, as well as commercial activities for the Commercial Law Article 46 traders each item also includes subsidiary commercial activities for the sales, " I suggest.

목차

Ⅰ. 서론

Ⅱ. 소멸시효의 의의와 개념

Ⅲ. 민법상 소멸시효와 상법상 소멸시효

1. 위탁자와 위탁매매인간에 소멸시효

2. 이사의 제3자에 대한 책임의 소멸시효

3. 상행위로 인한 채권의 무효로 발생한 부당이득반환청구권의 소멸시효

Ⅳ. 소멸시효에 대한 입법론 제안

Ⅴ. 결론

키워드

소멸시효 이사의 제3자에 대한 책임 위탁매매 부당이득반환청구권 입법론 제안 Extinctive Prescription Liability for Damages of the Director of the Company to the 3rd Party Consignment sale Right of Claiming Unjust Enrichment Restitution A Legislative Suggestion.