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民法의 社會像과 情報提供義務“Sozialmodell” of Civil Law and the Duty to Disclose Information
- Other Titles
- “Sozialmodell” of Civil Law and the Duty to Disclose Information
- Authors
- 지원림
- Issue Date
- 2013
- Publisher
- 한국민사법학회
- Keywords
- Duty to disclose information; Asymmetry of information; “Sozialmodell” of civil law; Autonomy-model; Equity-model; 민법의 사회상; 자율모델; 형평모델; 정보제공의무; 정보의비대칭
- Citation
- 민사법학, v.62, pp.371 - 401
- Indexed
- KCI
- Journal Title
- 민사법학
- Volume
- 62
- Start Page
- 371
- End Page
- 401
- ISSN
- 1226-5004
- Abstract
- This paper focuses on the duty to disclose information. This duty isrequired due to the structural asymmetry, especially serious discrepancy ininformation, in modern society. Therefore, this duty is adapted in so-called“Consumer-Law”. However, there is a controversy concerning the necessityand method of the adaptation of this duty in civil law. This problem maybe related to the understanding of “Sozialmodell” of civil law: autonomymodel,which guarantee the freedom of contract, should function asprinciple; equity-model, which can effectuate the fairness of contract, maywork exceptionally where asymmetry between parties is structural. Theduty to disclose information is one of the typical examples of theequity-model.
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