일본의 채권법 개정제안에 관한 小考 -CISG와의 비교를 중심으로-

Abstract

The revision process of Civil Code is going on in such countries as France, Austria, Switzerland, Spain. In China contract law and property law was enacted in 1999, and 2007 respectively. In Korea, after the draft published in 2004 was not abrogated in 2008, the revision process is going on by Korea Civil Code Reform Commission inaugurated on February 4, 2009. Japan is also reforming the Civil Code. Since the enactment of Japanese Civil Code in 1896, most part of the Code remain unchanged. Particularly the contents in the law of obligations remain intact. The Japanese Civil Code(Law of Obligations) Reform Commission was established in 2006 and after two and a half years presented the Draft Proposals at a symposium in Tokyo on April 29, 2009. In these circumstances it is meaningful to consider the Draft Proposals by Reform Commission in connection with the future revision of Civil Code of Korea. The purpose of this paper is to examine the Draft Proposals by the Japanese Civil Code(Law of Obligations) Reform Commission in comparison with the relevant provisions of the CISG. For this purpose, firstly this study deals with the newly established provisions of Draft Proposals by Reform Commission in comparison with the relevant provisions of the CISG. Secondly this study considers the similar provisions between Draft Proposals and CISG. Thirdly this study deals with the different provisions between Draft Proposals and CISG. Finally this paper will be of help to the revision of Civil Code (Law of Obligations) of Korea going on.