하자담보책임에 기한 매수인의 권리행사기간에 관한 비교법적 고찰과 입법제언

Some countries have amended the provisions on extinctive prescriptions to unify the rights of warranty liabilities as well as the general laws of extinctive prescriptions (e.g. Japan etc), while some countries have collateral separate from the general provisions on extinctive prescriptions. There are separate provisions for the exercise of liability rights (e.g. Germany, Austria). Some countries have different commencement of extinctive prescription depending on whether the object for sale is real estate or a property (e.g. Germany), or different periods of exercise of rights (e.g. Austria). On the premise that the 2013 amendment on extinction prescription remains intact, a brief outline of the revised framework for exercise of rights based on warranty liability is as follows. First, there is a separate regulation that governs the period of exercise of warranty liability. Second, the period of exercising the right of claims (such as claims for damages) due to warranty liabilities is regarded as the extinctive prescription, not the exclusion period. Third, the starting point of the exercise of the right of warranty liability is take event-based accrual(objective system)(e.g. delivery). Fourth, if the seller knows the defect and sells the object intentionally, it should be settled by the general extinctive prescription regulation. Finally, the buyer is obliged to notify the buyer of the defect.