民法의 社會像과 情報提供義務

초록

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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