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- Title
- An Economic Analysis of Korean Civil Code (I)
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- Author
- Chung-Ho Kim
- Type
- Research Reports
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- Subject
- Deregulation
- Publish Date
- 2003.01.18
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- File
- -
- View Count
- 5983
This monograph is a collection of four separate papers, each of which applies economic analysis to the legal problems that are related to some provisions of the Korean Civil Code(KCC).
The first article, An Economic Interpretation of the Doctrine of Numerus Clausus, interprets the Numerus Clausus Doctrine, which dictates that the kinds of in rem rights cannot be created freely by the contract but are restricted to those stipulated by the legislation and to those recognized by the customary law, in terms of external diseconomies in information processing activities of the third parties.
The second article is An Economic Analysis of Principles of the Public Notice(PPN) and the Public Confidence(PPC). It explains why PPN is necessitated and why occupation is efficient as a medium of public notice regarding rights to movables and the registration is good as that of public notice regarding rights to the real property. It finally proposes that it is more efficient to adopt PPC for the real properties.
The third article, Economics of Duress in Korean Civil Code, analyses provisions in KCC related to the duress and necessity. It criticizes Korean court decisions regarding duress for not being aligned with the economic principles.
The last article, Economic Analysis of Some Issues Regarding Damages, analyses three issues regarding the system of damages awards based on the KCC. Firstly, it criticizes the traditional lawyer's view that the purpose of awarding damages to the victim is to compensate but not to deter the wrongful act of the wrongdoer. It proposes that important features such as negligence standard, foreseeability requirement, reduction of damages according to the degree of fault of the victim, characterizes the current system more to be deterring than to be compensating. Secondly, it criticizes KCC for letting the foreseeability be the only standard for restricting consequential damages. Lastly, it analyses what the adequate time is for the assessment of contract damages.
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