채무부존재확인의 소의 확인의 이익에 관한 고찰

• 영문명: A Study on the Legal Interest of Confirmation of a Lawsuit that Confirms the Nonexistence of Obligation -With Special Reference to Cases
• 발행기관: 한국민사소송법학회
• 저자명: 강수미(Kang, Soo-Mi)
• 간행물 정보: 『민사소송』제18권 제2호, 103~150쪽, 전체 48쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.11.30

영문 초록

In the case of a lawsuit for confirmation, courts intervene in disputes earlier than a lawsuit claiming performance and it can contribute to the dispute resolution by preventing the occurrence and aggravation of a dispute through the abstractional confirmation of rights or legal relations. The lawsuit for confirmation can cause the resolution of disputes which were derivative of the rights or legal relations to base claims for performance upon. There is no constraint on the subject and opponent of confirmation and it is recognized that its permitted limit would be expanded. Therefore, it is necessary to conduct an investigation into a legal interest of confirmation as regulatory measures to help facilitate effective operations of a lawsuit for confirmation. But it also appears prominently that the trend to acknowledge widely to the legal interest of confirmation in consideration of the characteristics of a lawsuit for confirmation. It is desirable to settle in one operation the relevant conflicts in a single litigation procedure as much as possible in terms of the economy of a legal proceeding and the prevention of a contradiction or conflict of judgments. Although a lawsuit claiming performance, a lawsuit for confirmation and a lawsuit for formation have an independent meaning by their respective, it is inappropriate to deal equally with them from the perspective of a single stroke resolution of correlated disputes. Consequently, the legal interest of confirmation is acknowledged only when the misgivings about a plaintiff’s right or legal status could be effectively and properly removed by getting a declaratory judgment. In deciding an existence and nonexistence of the legal interest of confirmation, we have to judge the necessity and interest of the protection of a right considering party’s specific situations, the economy of a legal proceeding, and so on in individual cases.

목차

Ⅰ. 서론

Ⅱ. 확인의 이익의 의미

Ⅲ. 채무부존재확인의 소의 확인의 이익

Ⅳ. 결론

참고문헌

키워드

소의 이익 확인의 소 확인의 이익 채무부존재확인의 소 Interest of Right Protection Lawsuit for Confirmation Legal Interest of Confirmation Lawsuit that Confirms the Nonexistence of Obligation