KIKO계약의 구조에 관한 연구 -민법 제104조 및 제109조와의 관계를 중심으로-
A Study on the Structure of KIKO Contracts -In Relation to Article 104 and 109 of the Korean Civil Code-
박선종(유진투자선물)
66권, 3~28쪽
초록
The study points out the lack of rationality of the KIKO contracts in the Supreme Court’s decision surrounding Article 104 of the Korean Civil Code. This study also explains, in regards to Article 109, despite the arguments that the banks have sold KIKO contracts as means of hedging and the buyers of the contracts intended to hedge foreign currency risk, why buyers of the contracts sustained tremendous loss. This study aims to look into the application of Article 104 and 109 of the Korean Civil Code as well as the cause of the social phenomenon by going over the history and fundamentals of option contracts and more specifically specifications and the structure of the KIKO contracts.
Abstract
The study points out the lack of rationality of the KIKO contracts in the Supreme Court’s decision surrounding Article 104 of the Korean Civil Code. This study also explains, in regards to Article 109, despite the arguments that the banks have sold KIKO contracts as means of hedging and the buyers of the contracts intended to hedge foreign currency risk, why buyers of the contracts sustained tremendous loss. This study aims to look into the application of Article 104 and 109 of the Korean Civil Code as well as the cause of the social phenomenon by going over the history and fundamentals of option contracts and more specifically specifications and the structure of the KIKO contracts.
- 발행기관:
- 한국민사법학회
- 분류:
- 법학