A Study on Causal Relationship About the Reparations Range

손해배상범위에 관한 인과관계의 연구

  • 최환석 (동강대학 법률경찰과) ;
  • 박종렬 (광주여자대학교 경찰법학과)
  • Published : 2006.04.01

Abstract

Causal relationship means what relations the result occurred have with a fact as a reason. In general, a formular that no result exists without reasons is used for the method to confirm existence and inexistence of causal relationship. Problematic causal relationships in Private Law are reparations (Article No. 393 of Private Law) due to debt nonfulfillment and reparation due to tort (Application of Article No. 393 by Article No. 750, and No. 763 of Private Law). The purpose pursued by reparation system in private law is to promote equal burden of damages, and the range of reparation at this time is decided by the range of damage and the range of damage is decided by the principle of causal relationship. That the causal relationship theory fairly causes confusion by treating one problem and the other problem as the same thing, instead of dividing them according to the purpose of protection presented by the law is a reason of the criticism from different views.

Keywords

Reparations Responsibility;Causal Relationship;Default on an Obligation;A Causal Relationship Theory Fairly