민사소송상 형성권의 행사

The Formulating Substantive Rights on the Trial

The problems concerning the formulating substantive rights on trial have centered around the pleadings on which the claimant has argued the fact that he or she had exercised the formulating rights extra-judicially or has challenged to exercise such formulating rights judicially. These formulating rights have given rise to a variety of problems in terms of their totally different legal characteristics, in that the formulating rights have direct legal effects to change the existing legal status quo. Especially the exercise of the right to set off has the legal impact or implication equivalent to the independent legal action, since such right has the issue preclusion of the final judgment unlike the other rights exercised on trial to defend. The interdisciplinary study on the formulating rights have to be needed to cope with their complex and complicated functions worked on the trial.