共同不法行爲者에 대한 基礎論 = A Study of Basic Theory On The Cotort

다국어 초록 (Multilingual Abstract)

A tort is always composed of by the act of only one man but may be made up of the act of several persons, with is called "cotort" and prescribed in Article 760 of the Civil Code. Here in this provision are included three kinds of types.
That is to say, in the paragraph Ⅰ of the Article 760, when plural persons inflict demages on others by cotort, they have the responsibility to compensate the damages. In the paragraph Ⅱ of ths Article760, when we cannot identify who any one who inflicited the damages which committed by the behavior of plural persons not jointed, the same shall applied. In the paragraph Ⅲ of the Article 760, the inciters and helpers shall be considered as joint actors.
Nontheless, the concept itself of a cotort is not clear now. Modern factors such as development of the traffic and communication, concertration of entrprise and constant urbanization have brought us much more opportunity for social contact than any other period.
Thersfore, in order to solve this question, writer observed about the behavioural patterns of cotort, the effectual conditions of cotort, the concrete examples of cotort, and the legal nature and the effect of cotort. Further, this study is wanted to be become with the basic raw materials on the theory of cotort.

목차 (Table of Contents)

• Ⅰ. 序 說
• Ⅱ. 共同不法行爲의 成立과 그 存在理由
• 1. 沿革 및 成立過程
• 2. 民法 제760조의 存在理由
• Ⅲ. 共同不法行爲의 成立要件
• 1. 狹義의 共同不法行爲
• 2. 加害者不明의 共同不法行爲
• 3. 敎唆 또는 방조에 의한 共同不法行爲
• Ⅳ. 共同不法行爲에 대한 效果
• 1. 共同不法行爲責任의 效果
• 2. 賠償의 範圍
• 3. 加害者間의 求償權
• Ⅴ. 結 語