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金麗會 대구효성가톨릭대학교 1997 연구논문집 Vol.54 No.1
In recent years, as the production, sale and consumption of the goods becomes large quantity, the products liability come to serious day by day. The products liability pay for damage that some goods with a defect come to a consumer or a third in a production and flowing. A principle of law on the products liability come into being in the Anglo-American law, is discussed actively in Germany, Japan and France, tend to legislation in these days. If we compose legaly the liability of the producers who produce goods with a defect, we clear up that is the contact liability or that is the tort liability? We have difficult as interpretation of the contemporary civi law, i-e, the contact liability and the tort one. It is reality that we are returned to products liability as a amendment of the proof law. It is right that we will make a peculiar law to solve difficult of a principle of law on the products liability.
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김여회 대구효성카돌릭대학교사회과학연구소 1999 사회과학논총 Vol.1 No.-
We have two threory on the extend of application of the article 368 of the ciyil law by a standard of the object of the aggregate mortgage. One is a broad theory which is set on the several objects, the same or different kinds, the other is a narrow theory which is set on the same kind object. The essential element in the aggregate mortgage is the right of a mortgage, it is the same in the broad aggregate mortgage in the narrow. This article should be applicated, as a nextmortgage on the object can be set anytime and the broad aggrgate mortgagee is nessary balance of the next each mortgagee because of doing the right of choice of a mortgagee. There are two threory on the extend of application of the article 368 of the civil law by a standard a possessor of the object is same, a debtor or a guarantor of a secured mortgage. The other is a theory which should be applicated in such case the possessor of the object is each other the same or different. A aggregate mortgage come into being in such case the possessor of the object is each other the same or different. As this article is the only one in our civil law, it should be a standard which we can be solve the problem come from doing the right of a aggregate mortgage as possible as widly. We prescribe article 368 that say it is setting up mortgage on the several real estate, if we are due to this article, We have no any prescribe for the same of the possessor, consequently, this article should be applicated without exception. The subrogation of the next mortgagee in the article 368, clause 2 of the civil law is that of the law of reality to arbitrate between aggegate mortgagee and next mortgagee. The subrogation in the article 481·482 of the civil law is of the law of obligations to arbitrate interests among a creditor, a debtor, a subrogator. Consequently, as the right in the law of reality has preference to the right in the law of obligation. The preference theory of the next mortgagee is right.
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共同不法行爲에 관한 硏究(下) : 민법 제760조의 재구성을 중심으로
김여회 대구효성가톨릭대학교 1998 연구논문집 Vol.57 No.1
It is natural that the case between the plural offenders and suffers has happened to be the new problem on the current law of tort. The nort of plural offender who stands the liability for the same damage can be classified as follows: the joint tort dn Article 760 of our Civil Law, the general tort on the Article 750 by which liability for the same damage has to be stood compatibly, the tort of plural offender on Article 755, 756etc. and the tort of plural offender an special law, the Automobile Accident Compansation Security Law, etc., by which liability has to be stood. Among the above mentioned various liability df plural torts, specially, the function and meaning of the joint tort on Article 760 of our Civil Law, I think, has to be investigated, Since the earlier times, there has been opposing opinions on the policy of legislation about whether the special pattern of joint tort be or not (on attitude treats by such special provisions as Article 830 of German Civil Law, Article 50 of Swiss Obligation Law and Article 719 of Japanese Civil Law, etc. and another attitude treats by general provisions of tort which can be found in the example of France and England, etc.). Even the special provisions of joint tort, though it is established by law like our Civil Law, is vague in the contents of it and insufficient in the light of the present dispute on tort. In this tgesis, to solve the Preliminary problem of various incompatibility of the common opinion and the case on Article 760 of our Civil Law, namely, the fictiousness of related cooperation and the functional deficiency of joint tort through judgement and analysis.
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김여회 한국비교사법학회 2003 比較私法 Vol.10 No.3
The princeple of one real right on one thing is that the object of a real right is one independent thing. This princeple is a result of exclusive and absolute quality of the real right. If we follow the princeple of one real right on one thing, it is natural that a real right can not he carried on the collective things. But jf we have social requirment and a proper method of public announcement, we will he carried a real right on the collective things. If the collective things will become the object of a real right, we will have the objective standard that it can he specified as a specific movable estate. The general standard that we set limit of the collective movable estate is specification of the kinds, the location and the range of the quantity. If the collective movable estate will became the object of the transfer mortgage, it will have the method of the public announcement.
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김여회 대구효성가톨릭대학교 교육연구소 1998 가톨릭敎育硏究 Vol.8 No.-
In accordance with medical doctors deal with human life which is the most precious of all, their social responsibilities and senses of obligation are inevitable. Nowaday, judical cases of medical malpratice tend to increase gradually in every country. Considering from an angle of the above tendancy, the establishment of legal theories based on proceedings and positive law should be demanded for accuracy related to the responsibilities of doctors in medical malpractice. We study on this thesis as fallow. After we have reviewed a scope of causality, having done the causalities and burdens of proof in medical malpratice especially, Ansheinbeweis, Res Ipsa Loquitur, the legal theories disturbance for proof, and the conversion theories on liabilities for proof as a neutralizing theory. The neutralization of liabilities for proof is indispensable for patients to protect their rights, but it seems to be possible for infringement to physicians rights. Accordingly, the theories on liabilities for proof should be mastered continualy and be appropriate to justice.
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