분할이행계약에 있어 특정 분할부분의 불이행과 계약해제의 범위– 법비교적 검토를 중심으로 -

This paper has the aim to making clear “Installment Contract” which has not beendiscussed much more in the meantime. To attach this goal, this thesis is more crucial to compareand examine “International Rule” that limits the range of avoidance which follows default of splitcontract and Foreign Law that contains the Provision and Theory of Analysis. Although CISG, PECL, PICC, and BGB which are the objects of Comparative Law have thedifference in existence of substantive enactment about split contract and in the domain ofapplication, split contract is distinct and clear in concept and Theory of Analysis. Different formCISG which restrict the International Goods Sale, PECL, which is the Model Law of generalprivate sale, has legislative implication in that it has the variety of dealing domain. Of course, weneed to be more consideration of Article 73 as ratified country of CISG. Remarkably, Germany excluded subjective attributable reasons from the requirement of exercise ofcancellation right by revising the Law of Obligations in 2002. Although in Korea, this legislation of discussion has been existed, but big difference from Germany is we has not realized anything sofar. In BGB, Korean civil code will be much more developed when we think of the idea andprecedent of split contract and the discussion to reconstitute the cancellation requirement of FutureDivision Part by Non-performance of Specific Division Part.