선의, 악의·중과실 및 해의(害意)에 대한 정합적 해석의 시도

The purpose of this article is to research the meaning of a third person acting in good faith in the civil act and the commercial act, bad faith or by gross negligence and the knowingly to the detriment of the debtor in the act of bills of exchange and promissory notes. In this article, the author brings questions into the prevalent theories and judicial precedents which are lack of integrity and consistency according to the characters and purposes of the civil act, commercial act and act of bills of exchange and promissory notes. The author tries to suggest that the meanings of 'a third person acting in good faith' in the civil act and commercial act and 'bad faith or by gross negligence' and 'awaring that it would harm the debtor' in act of bills of exchange and promissory notes should be interpreted and applied consistently and systematically according to the purposes or characters of the laws related. In conclusion the scope of protection in behalf of the third persons in commercial trade should be wider than that of those in civil trade. And the holder of drafts or checks who is unaware of the detriment of the debtor should be more widely protected than the third parties in the civil or commercial trades.