착오로 인한 보증계약의 성립과 그 취소의 가부

There are no such thing as restrictions to be a financial guarantor in a contract of suretyship. The guarantor only needs to be capable of action to have contracting authorization, for the contract of suretyship is between the guarantor and the creditor. A person of incompetence(though with the possibility of rescission) or insolvency could have a valid contract of suretyship with the creditor if the creditor was aware of certain conditions, but there are requirements for a guarantor in cases of that the debtor is under obligation to have a financial guarantor. There will be no mention about the incompetence. For there are possibilities of a cancelation of contract, he/she would need his/her legal representative or a guardian to consent to the contract so that it cannot be rescinded. This matter can be settled by considering the incompetences unqualified. Also, there are certain patterns of error that can occur during a process of signing a contract of suretyship. And when the one party of a contract is a senior citizen, there can be a problem of a gross negligence when error was made. A special law has been enforced since 2008, but clearly it has not been recognized as it should be. The guarantee system in our country often cause many legal troubles followed by awkward and unfortunate situations and it should be dealt with a specific regulations, not random actions out of compassion or sympathy. When entering a contract of suretyship, it is crucial to look over the contents of the contract and the facts thoroughly. If error was found after the conclusion of a contract, it can be invalidated when holding a supporting evidence. It is also necessary to secure rather practical alternatives in composition of principles of the law.