繼續的 契約關係 및 그 解止에 관한 考察

Study on the Continuous Contractual Relationship and its Termination ex nunc

This study aims at probe into the meaning of “continuous contractual relationship(Dauervertragsverhältnis) , as well as typing and research on its “termination ex nunc(“termination on followings) that characterizes “continuous contractual relationship above all things and gives a need for discussion at the same time. Continuous contractual relationship has many characteristics comparing with temporal contractual relationship and that results in needs for special regulations. To decide extent of its regulations, it is demanded to clarify a meaning of the continuous contractual relationship. Generalization on continuous contract relationship, as well as its termination is carried on in this study. In Germany a terminology so called “Dauerschuldverhältnis , that generats “Dauerleistung , has used for jurisprudential research since Otto von Gierke. Gierke took up position that “Dauervertragsverhältnis generated “Dauerschuldverhältnis and marks of these were in the “Dauerleistung . This classical point of view is reasonable to some extent in these days. In German and Korean jurisprudence nowadays, it is made sharp distinction between “termination in general and “termination in special . It is doubted, however, that a party is authorized to terminate a contract without time period “in general . When Korean Civil Law has no rules on that matter, it is questionable that a party can terminate a contract without time period in general cases. Futhermore, this study suggest typing termination according to its requirements and effects.