공통참조기준초안(DCFR)에서의 계약법의 지도이념

This article attempts to analyze the four main principles of contract law in Volume Iof the Draft Common Frame of Reference (“DCFR”), which are freedom, security, justice andefficiency. DCFR embraces the common principles of European private law, and in some cases,proposes new approaches and solutions. It also examines whether the DCFR provisions are inharmony with each other. The significance of this study are as follows: first, legal frameworksincluding legislature are not only technical, but they also are manifestation of values and ideas. Therefore, it is important to understand what DCFR purports and how the Principles areinterrelated to each other with a view to evaluate DCFR in terms of legal policy, dogmatics andits consistency. Second, most legal frameworks try to avoid reiteration of similar provisions. Theyadopt generalization and abstraction in order to avoid regulatory gaps. DCFR has similar ways ofregulation as well; therefore, it may face a risk of encountering regulatory gaps and may beinterpreted in the context of pre-understanding of domestic laws. DCFR should be interpreted according to the principles of contract law. DCFR also needs to deal with the gap-filling issue. Third, it will be meaningful to examine the implications of DCFR principles for Korean private lawby taking the comparative legal studies approach.