공동불법행위자 중 1인이 한 상계의 소송법상 효과

• 발행기관: 한국민사소송법학회
• 저자명: 강수미
• 간행물 정보: 『민사소송』제12권 제1호, 230~265쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.05.30

영문 초록

Due to the difficulties in the analyzing each and every case involved in the joint torts considering their unique qualities and different facts, this particular paper focuses only the specific type of an illegal act in its discussion. The joint tort debt is legally characterized by unfaithful joint obligation, and if one person of all joint tortfeasors expresses of the intention to set off, the effect on the substantive law exerts its influence upon other joint tortfeasor. In case where one person of all joint tortfeasor makes the plea in exercise of his/her right to set-off in course of proceedings with a victim or a creditor and his plea is accepted by court adjudication, it is a matter for debate whether the effect of the final adjudication exerts its influence upon other joint tortfeasors or not. The primary aim of the paper is to offer some solution for these issues. It looks into the question of the effect of the final adjudication being expanded to a third party. In consideration of the legal qualities and the legal effects of a joint tort debt, it is not necessarily required that the results of judgement between a creditor and each joint tortfeasor not contradict and disputes not repeat themselves. Parties have to claim and then prove the relevant facts necessary for judgement of a court in Civil Procedure. Besides it is universally recognized that a substantive law and a procedural law be separated. Therefore, it is desirable to leave the decision up to the party s oral proceedings rather than recognize the expansion of the effect of the final adjudication.

목차

Ⅰ. 서 론

Ⅱ. 공동불법행위자의 손해배상책임의 법적 성질

Ⅲ. 공동불법행위자 중 1인의 상계항변을 인정한 판결의 효력

Ⅳ. 공동불법행위자간의 소송관계

Ⅴ. 결 론

참고문헌

키워드

불법행위자 부진정연대채무 상계 반사적 효력 기판력 a joint tortfeasor an unfaithful joint obligation a set-off the reflective effect the effect of excluding further litigation