일본 채권법개정의 기본방침상 계약책임과 채무불이행의 효과로서 손해배상과 해제

Many Continental Law based countries have been actively reforming their civil codes recently. Some countries, such as Netherlands and Germany, have reformed their Civil Codes already, while countries like China are continuously reforming them. France, Switzerland and Japan, on the other hand, are briskly discussing the reformation of their Civil codes. The reformation of Civil code in Korea had been initiated too, as early as February in 1999, and the draft of the reformation was announced in 2004. However, it was repealed in 2008. The reformation of the Civil code in Korea, which would take four years, was resumed from 2009. We believe that the recent effort for the Civil Code Reform in Japan will be an excellent reference for the reformation of Civil code of Korea. The reason is that while many Continental Law based countries take practical system and appropriate Civil Code for global trend as the main purposes for reformation of their Civil codes recently, it was the very reason why the Japan Civil Code Reform has been announced lately. Moreover, as the Japan Civil Code has been influencing to the Civil Code of Korea, the fundamental importance will be more significant. Therefore, we have focused on the 「Civil code Reform (Law of Obligations)」in this Thesis, and considered suggestions for reformation of the Civil Code of Korea. While the review of the entire Japan Civil Code Reform was not the purpose of this Thesis, the damage and rescission of contract as an effect of non-performance and contractual obligation was the main focus we have studied.