- 계약의 반석과 법의 적용
- Construction of Contract and Application of Law
- ㆍ 저자명
- 김철수
- ㆍ 간행물명
- 韓國航海學會誌
- ㆍ 권/호정보
- 1993년|17권 2호|pp.107-119 (13 pages)
- ㆍ 발행정보
- 한국항해항만학회
- ㆍ 파일정보
- 정기간행물| PDF텍스트
- ㆍ 주제분야
- 기타
When the breach of contract is at issue between the contracting parties, the decision of the contents of obligation has an important meaning. The contents of obligation is decided by the construction of cont-ract. Therefore, the construction of contract has very important meaning for the decision of the contents of obligation. And the Civil Law of Korea includes provisions to settle disputes related to contract, and most of these provisions have the nature of voluntary law. And when there is no intention of the contracting parties, or it is not clear, the voluntary law comes into application(Civil code art. 105). Ultimately, voluntary law not only becomes the standard of the construction of the contract, but also it is applied as the law to settle dispute. Thus, it needs to clear what is the relation between the construc-tion of contract and the application of law. Therefore, this paper aims to clarify the relationship between the construction of contract and the appli-cation of law.