프랑스 민법상 매도인의 담보책임

The following aspects of the French seller's warranty liability require consideration in the revision of Koean Civil Code. First, the final buyer may directly claim warranty liability from the initial seller or an intermediate seller. This can be an effective and appropriate remedy for the buyer if the seller lacks sufficient financial resources. Second, even if the buyer was aware of a defect in the title at the time of sale, the buyer may claim warranty liability unless there are circumstances that suggest the buyer assumed the risk. Korean current Civil Code and the revised version require the buyer’s knowledge of the defect. Even if the buyer was aware of a defect in the title, he or she can still expect the seller to remove it. Therefore, the seller's warranty liability should be exempted only when the buyer can be deemed to have assumed the risk associated with the defect. Third, the buyer's knowledge is required for the defects and any encumbrances, including mortgages, liens, easements, or usufructuary rights, that affect the subject matter of the sale. In other words, warranty liability is limited to hidden encumbrances and defects. If the buyer notifies the seller of this within a reasonable period of time after receiving the object of sale, it should be deemed that the buyer has raised an objection. These provisions need to be included in the Civil Code revision. Fourth, if the subject matter of a sale is jointly owned and there are multiple sellers, each seller bears liability for the entire subject matter. This is because liability for liability is indivisible. However, introducing this provision into our Civil Code requires caution, as it could impose an excessive burden on a single seller who is a joint owner.