民法 總則編 제5장(법률행위) 제1절(총칙)과 제2절(의사표시)에 관한 개정방향

Amendment Proposal Relating Civil Act Part Ⅰ Chapter Ⅴ Section 1 and 2

&nbsp;&nbsp;In this thesis, I investigate problems in the Civil Act Part Ⅰ(General Provisions) Chapter Ⅴ(Juristic Acts) Section 1(General Provisions) and 2(Declaration of Intention). And, I propose rational amendments that these problems do not exit.<BR>&nbsp;&nbsp;Ⅰ. The Amendment of Juristic Acts Which Is the Title of Civil Act Part Ⅰ Chapter Ⅴ<BR>&nbsp;&nbsp;Accurately speaking, This Chapter Ⅴ is consist of the provisions on the declaration of intention. Therefore, it is right to change Juristic Acts(the title of this Chapter Ⅴ) into Declaration of Intention.<BR>&nbsp;&nbsp;Ⅱ. The Amendment of the Provisions in Civil Act Part Ⅰ Chapter Ⅴ Section 1<BR>&nbsp;&nbsp;I investigate problems in Civil Act Article 103104105106. And, I propose reasonable rational amendments on this Articles. Especially, it is right to amend Civil Act Article 103 as following.<BR>&nbsp;&nbsp;Civil Act Article 103 (Declaration of Intention Contrary to Social Order) A declaration of intention contrary good morals and other social order shall be null and void.<BR>&nbsp;&nbsp;Ⅲ. The Amendment of Provisions in Civil Act Part Ⅰ Chapter Ⅴ Section 2<BR>&nbsp;&nbsp;1. It is right to change Declaration of Intention(the title of this Chapter Ⅴ) into Defective Declaration of Intention.<BR>&nbsp;&nbsp;2. I investigate problems in Civil Act Article 107108109110. And, I propose reasonable amendments on these Articles. Especially, it is right to amend Civil Act Article 109 as following.<BR>&nbsp;&nbsp;Civil Act Article 109 (Declaration of Intention by Mistake) ① A declaration of intention may be voidable, in the case that the declarant did not recognize the inconsistency of his intention and declaration. But, if there has been the gross negligence of the declarant on the inconsistency, he shall not claim it to be voidable.<BR>&nbsp;&nbsp;② The voidance of a declaration of intention as mentioned in the preceding paragraph cannot be set up against a third person acting in good faith.<BR>&nbsp;&nbsp;③ The two preceding paragraphs shall apply mutatis mutandis in the case that a gross mistake exits in the motive of declaration of intention. 3. I propose amendment of Civil Act Article 111∼113. Especially, I change numbers of I these Articles into Article 106-2∼106-4<BR>&nbsp;&nbsp;3. I propose amendment of Civil Act Article 111∼113. Especially, I change numbers of I these Articles into Article 106-2∼106-4.