保證債務 및 保證人地位의 相續

Succession of Suretyship or Surety Obligations

This study aims at probe into the surety obligations of guarantor’s successor. Korean Civil Code §1005 suggest that death of one party gives an end to “highly-exclusive contractual relationship”. However it is inappropriate to consider continuous suretyship such as “a highly-exclusive contractual relationship”, considering guarantor bear obligation in the manner of “payments of money”. In conclusion protection of guarantor’s successor should be achieved by means of limited recognition or refusal of succession. In parenthesis guarantor’s successor could be authorized to terminate a surety contract. In Korean jurisprudence nowadays, it is not allowed successor to terminate a contract. but denied surety obligation of guarantor’s successor only in the case of no ceiling and no period ofsuretyship. This is not based on appropriate ground. Successor should be authorized to terminate a surety on the ground of fundamental ground. Fundamental ground might be recognized consider- ing change of circumstances i. e. good faith.