유럽사법을 통해 본 계약체결 전 의무에 대한 연구 - 정보제공의무를 중심으로 -

The European Union, through various Directives, regulated the European Community (within its Member States) in a specific contract type, and attempted to progressively transfer it to the general law of the Civil Law by disciplining individual contract types through such a set of Directives, ACQP, DCFR, CESL etc. In particular, the Good Faith worked in part as a basis for pre-contractual duty under the individual Directives, but was upgraded to the general principles in the ACQP, DCFR, and the CESL. Upgrading the Good Faith to the general principle has laid the grounds for deriving pre-contractual duties, which will also serve as a basis for pre-contractual information duty. However, in the case of individual Directives and specific contract types, information duty is still prescribed by law, and this should be judged as a discipline irrespective of the Good Faith. And in general contracts concluded through individual negotiations, Information Duty on the Good Faith should arise. Furthermore, remedies for breaches of the Good Faith or violations of information duty are subject to their respective rules, and unless there is such an individual rule, the rules governing general remedies apply. However, as discussed above, the DCFR standard does not prescribe a separate remedy for breach of the Good Faith, but provides a rough remedy for breach of information duty.