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박희호 ( Pak Hee-ho ) 한국외국어대학교 법학연구소 2011 외법논집 Vol.35 No.1
The Civil Code of the Philippines provides that cause of the obligation is the essential requisite of contracts(Art. 1318). Any contract can't validly exist unless there is no cause of the obligation. Although the civil law causa and the common law consideration are often used interchangeably, they are not exactly identical. The accepted concept of consideration is that it either some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, or loss suffered or undertaken by the other party. It ist said to have the element of quid pro quo, but causa is not necessarily quid pro quo. For cause includes every valuable consideration of the common law but there are causes which would not fall under consideration. The cause of a contract must not be confused with the motives of the parties in entering into it. Motive is the purely personal or private reason. With one's motives the law cannot deal, while with the cause the law is always concerned. The causa must not be contrary to law, morals, good customs, public order, or public policy. A contract based upon an unlawful causa is void ab initio. The statement of a false cause in a contract may render it void, if it cannot be proved that it was founded upon another cause which is true and lawful. If no cause is stated in the contract, it is presumed that it exists and is lawful, unless the debtor proves the contrary. Except in cases specified by law a contract may not be invalidated on the ground that the cause is inadequate or there is lesion, i.e., prejudice, unless there has been fraud, mistake, or undue influence.
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김동호 민사법의 이론과 실무학회 2010 民事法理論과 實務 Vol.14 No.1
Most of jurists and lawyers do not clearly distinguish between the conception of the third party protected from defective contracts and that of the third party protected from avoided contracts in our country. But only about the third party acquired an interest of the right formed from the contract, they mostly agreed to telling that he is the third party protected from defective contracts, on the other hand, is not the third party protected from avoided contracts. The legislations of different countries are various. Even Japan's civil code, despite having been leavening our civil code very much and holding the many similarities to our legislations, has not regulations to protect the third party in psychological reserved representation, representation by mistake and compulsed representation. The nations that holds no regulation about false representation are continuously expanding the protection of the third party by precedents and theories. Except our country and Japan, there are no progress in regulations or legal theories to protect the third parties from avoidance of contracts. In the country, there are regulations to protect the third parties not only from all shapes of defective contracts but also from avoidance of contracts, but the regulative expressions are different each other. And the reason is not clear still in the thinking of the Korean civil-code-makers, besides the substantial reason that the regulative expressions should be different is not found to us. In the light of natures of defective contracts and avoidance of contracts, the protection of third party is more necessary in avoidance of contracts. Therefore it could be right in avoidance of contracts to allay the conception of third party, on the other hand, it could not be right in defective contracts to fortify the conception of third party. I think so. Looking from the perspective of legal causes of rights, it is topical to plead details from a legal cause of right as the pleas against the exercise of right, and it is not reasonably different in the case of defective contracts and avoidance of contracts. The argument that the right of the third party is the one included the possibility of losing his right in the case that the contract is avoided seems to potentially have a point. But it is not right to make the eligibility of third party strict only in the case of avoidance of contract and on the basis of the difference of legal causes of rights. In the light of the point that it should be same in defective contracts, the point that the legal idea of the protection of third party should include both of the persons that took the right from the very defective or avoided contract and the persons that took the right from the new legal cause based on the very contract and the point that centrifugal force is stronger to deny the effect and to make restitution in the case of defective contract than in the case of avoided contract. In conclusion, the conception of the third party protected from defective contracts and that of the third party protected from avoided contracts are not different but same. All the buyers and legal seizers of the bond from the contract avoided should be regarded the very third parties protected from avoided contracts.
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이기수 ( Lee Ki-soo ) 한국경찰법학회 2016 경찰법연구 Vol.14 No.2
False confession, an admitting of crime which they did not commit, significantly lowers the credibility and effectiveness of the general criminal procedure. This is because false confession leads to failure in discovery of the truth, which leads to misjudgement, and is linked to many illegal acts in the criminal procedure. Therefore, it is best to discover and prevent false confession before the damage is incurred, before prosecution and trial. And that is the way to secure criminal justice and trust in realizing an important value of complying with discovery of truth and legal process in the criminal procedure. Signs of false confession were obtained, based on the prior studies. These signs of false confession can be standardized as one of the standards in applying it during the investigation process for the purpose of using it as a tool to filter out false confession. I believe that it would be very effective, to utilize the signs of false confession in the closing phase of the investigation in an official process of reviewing the confession, before applying for warrant.
KCI
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