Law of Obligations II

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2011년 2학기

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1. Seller’s obligation to transfer title of a ‘specific’ property

- Sale of a third party’s property (intended by seller)

- Sale of a third party’s property (unintended)

- Partial failure of consideration (Where, unbeknownst to the buyer, a portion of the title of the property belongs to a third party) Art. 572

- Shortage of quantity, partial destruction at the time of the contract (Art. 574)

- Hidden charges and incumbrances

- Property subject to Mortgage, Jeon Se Gwon (registered lease/loan with a right of

foreclosure) Art. 576

- Protecting the buyer in an ‘official’ auction (Art. 578)

- Sale of receivables. Art. 579

2. Seller’s liability in respect of defect of a ‘specific’ property

3. Sale by Description

4. Breach of warranty v. Breach of contract

5. Exclusion of warranty

수강안내 및 수강신청
※ 수강확인증 발급을 위해서는 수강신청이 필요합니다

Deposit (Arrhes)

차시별 강의

1.	Deposit (Arrhes)	- Voluntary payment largely governed by trade prsctice - Around 10% of the contract price - Contract binding even without a deposit unless the trade practice suggests otherwise
2.	Deposit (Arrhes)	- Voluntary payment largely governed by trade practice - around 10% of the contract price - contract binding even without a deposit unless the trade practice suggests otherwise
	Option contract	- Duration of the option - Multiple parties - option contract to secure a debt - registration of an option
3.	Option contract	- Duration of the option - Multiple parties - Option contract to secure a debt - Registration of an option
4.	Sellers obligations	- Sellers liability in respect of defect of a specific property - Sale by description - Breach of warranty v.Breach of contract - Exclusion of warranty
5.	Seller’s obligations Transfer of ‘property right’ (Art. 563)	- title and possession need to be transferred (warranty against eviction) - compare Art. 563 and Art. 568. Transfer of title alone will not be sufficient. - 2000Da8533: If the property is subject to attachment, the seller must have it cancelled so that the buyer is not in danger of being evicted from the property. - 87Daka1029: The buyer may withhold the payment of the amount secured by hypothec until the hypothec is cancelled.
	Seller’s obligations Transfer of ‘property right’ (Art. 563)	- title and possession need to be transferred (warranty against eviction) - compare Art. 563 and Art. 568. Transfer of title alone will not be sufficient. - 2000Da8533: If the property is subject to attachment, the seller must have it cancelled so that the buyer is not in danger of being evicted from the property. - 87Daka1029: The buyer may withhold the payment of the amount secured by hypothec until the hypothec is cancelled.
6.	Sellers Obligations (1)	A and B entered into a contract where A sold a plot of land to B. While the sale was not complete, B concluded a sub-sale of the land with C. B and C agreed that as soon as A conveys the land to B, B will convey it to C. B and C further agreed that the completion date for their sub-sale coincides with the completion date of the original sale between A and B.
	Sellers Obligations (2)	A and B entered into a contract where A sold a plot of land to B. While the sale was not complete, B concluded a sub-sale of the land with C. B and C agreed that as soon as A conveys the land to B, B will convey it to C. B and C further agreed that the completion date for their sub-sale coincides with the completion date of the original sale between A and B.
7.	Sale by Description	- Usual remedies for breach of contract available. - Can the buyer demand replacement of the defective goods with goods corresponding with the description? Yes. Art. 581(2) - Can the Seller insist on replacement when the Buyer demands refund/return ? - Vehicle recall? After sales service? Even when the goods were sold to a third party? Customary law?
8.	Sale and Repurchase	- Sale and Repurchase must be agreed as one transaction. - Buyback option contract may be agreed at any time. - Buyback Option may last longer than 3 years (movables) or 5 years (immovables). The right of repurchase must be exercised within these periods. - (Immovables): Sale and Repurchase is registered as a sub-entry of the sale transaction. Buyback option is registered as a stand-alone entry.
	Hire Purchase	- Inapplicable to immovables, motor vehicles or heavy plant: title belongs to the registered owner regardless of the parties’ agreement. 2009Do5064 - Mainly for movables: Unless the third party purchaser in good faith can satisfy Art. 249 (in which case, the purchaser would acquire a clean title), the owner can recover the movables. - 99Da30534: Even if the third party had no knowledge that the title was reserved to the seller; even for sale of unascertained goods. - 2009Da93671: Even if the purchase price was nearly paid… - 2009Da15602 - Can the third party purchaser pay up the remainder of the original purchase price to the original seller and acquire title? (ie., can the purchaser transfer its ‘conditional title’ to the third party w/o seller’s authorisation?)
9.	중간고사
10.	Loan	- General features - Obligation to lend? - Obligation to repay (principal/interest) - “Agreement” as to accord and satisfaction (Art. 607)
11.	Lease	- General features - Lessor’s obligations - Lessee’s obligations : to pay rent
12.	Lease (2)	- Lessee’s obligations : to pay rent, Duty of care
	Lease	- Fixtures annexed by lessee - Buildings, installations and trees on a leased land - Lease Desposit v. Shop Premium - Assignment of lease, Sub-Lease - Protection of tenancy: Dwelling house / Commercial space - ‘Rent free’ lease
13.	Contract for a completed piece of work	- Consensual contract - Sub-contracting: allowed in principle - Ownership of the completed piece of work - Contractor’s warranty liability
	Contract for a completed piece of work / Mandate / Negotiorum Gestio	Contract for a completed piece of work 5. Payment for the completed work 6. Counterpart’s duty to cooperate 7. Risk 8. Counterpart’s Termination at will (Art. 673) Mandate / Negotiorum Gestio 1. Mandate: Consensual contract 2. Mandate and agency 3. Mandatarius’ duty of care
14.	Mandate / Negotiorum Gestio	4. Mandatarius’ duty to account, etc. 5. Mandator’s obligations 6. Termination at will; Art. 689 7. Termination by operation of law; Art. 690 8. Other relationships where mandatarius’ duty of care is applicable mutatis mutandis 9. Negotiorum Gestio
	Partnership Agreement	1. Consensual contract 2. ‘Special’ features of a partnership agreement 3. Similar entities or arrangements 4. Partner’s contributions and partnership assets 5. Partnership liabilities 6. Conduct of partnership business
15.	Partnership Agreement	6. Conduct of partnership business 7. Distribution of profit 8. Resignation and dissolution 9. Joint-venture partners setting up a joint-stock company