損害賠償의 範圍에 關한 考察

A Study on The Scope of Damages in Civil Liability

Where as Article 393 of the civil law has been regulated that compensation for damage caused by default of an obligation are limited to generally damage, damage caused by express conditions are liability for reparation provided that an obligor is aware of its conditions or possible of its conditions. Where as article 763 of the civil law has been regulated that the provisions of Article 393 shall apply with the compensation for damage caused by illegal act. Consequently, an extent of compensation for damage caused by default of an obligation and an extent of compensation for damage caused by illegal act, becomes an issue. According to former common opinion and judicial case, an extent of compensation for damage caused by default of an obligation, explained by Theorie der adaquaten Verursachung of Germany. But, it could not explain by Theorie der adaquaten Verursachung of Germany on the ground of the structure of the law of compensation for damage different from our country. And it must decide on another Theorie der adaquaten Verursachung . An extent of compensation for damage caused by illegal act, must decide to judge of the me;ming and purpose of legislation. The last, illegal act has possibility as to enlargement of wholly impossible expecting damage. Accordingly, it necessitates its suitable restraint of the extent of the expensation for damage, deliverance of the sufferer, certainty of the risk dispersion and wide scope of the insurance.