민사집행법상의 신의칙 : The Doctrine of Good Faith and Sincerity in the Civil Enforcement Act
The Doctrine of Good Faith and Sincerity in the Civil Enforcement Act
- 주제(키워드) the doctrine of good faith and sincerity , the doctrine of good faith and sincerity in the Civil Enforcement Act , supreme provision , general provision , discrimination by the doctrine of good faith and sincerity , the doctrine of minimum and final application , 신의칙 , 민사집행법상의 신의칙 , 최고규범성 , 일반규정 , 신의칙의 차별성 , 최소․최후성의 원칙 , the doctrine of good faith and sincerity , the doctrine of good faith and sincerity in the Civil Enforcement Act , supreme provision , general provision , discrimination by the doctrine of good faith and sincerity , the doctrine of minimum and final application
- 발행기관 안암법학회
- 발행년도 2007
- 총서유형 Journal
- UCI G704-001922.2007.통.25.018
- KCI ID ART001202764
초록/요약
The Doctrine of Good Faith and Sincerity in the Civil Enforcement Act The thesis of this dissertation is to examine how to establish the doctrine of good faith in the Korean Civil Enforcement Act. By customary practice, the doctrine of good faith is the concept of a minimum duty which one has to perform as a member of society, and this duty is derived from a moral duty which was converted into a legal duty. Even though the doctrine of good faith in its essence is the same, there can be differences in its manifestation in varying areas of substantial law such as the Civil Code, Commercial Code as well as procedural laws such as the Civil Procedure Act and the Civil Enforcement Act. In addition, it is necessary to analyze the meaning of the doctrine of good faith even within the civil procedure laws as the object of its application may vary. In particular, having been separated from the Civil Procedure Act, the Civil Enforcement Act was established and proclaimed on January 26, 2002, and article 23(1) of the Civil Enforcement Act prescribed that the provisions of the Civil Procedure Act, including article 1(2) which prescribes the doctrine of good faith, shall apply mutatis mutandis to the procedure for civil enforcement. As a result, this dissertation reviews the legal nature, function, and current status of application by Korean courts of the doctrine of good faith which is applied mutatis mutandis through the Civil Enforcement Act, article 23(1). It is for newly situating the meaning of the doctrine in the Civil Enforcement Act.
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