계약해제의 요건에 관한 민법규정의 개정론

On Revision of the Provision on Grounds of Termination of Contract

This article deals with how to revise the current provisions of korean civil code on termination of contract. It offers a proposal of revision and a couple of main issues of dispute. First of all the main shift of this proposal is to break with the fault principle of termination of contract. It reveals the change of contract termination from the idea of punishment on debtor to the discharge of creditor from the hopeless contract. So the draft removed the grounds of fault. Secondly some have claimed the so called ‘fundamental non-performance requirement be accepted as grounds of termination. The draft refused to do it because it changes too much the system of responsibility of non-performance. Thirdly the draft introduced a new provision on defective performance and termination. In that case the creditor has to give period of cure for the debtor to advance to termination. Besides the article deals with the case of creditor s fault and termination, assurance of performance and termination and so on. In conclusion the proposal shows to be familiar with german system, which emphasizes the key role of ‘additional period (Nachfrist) in the field of termination of contract.