• Title, Summary, Keyword: A Causal Relationship Theory Fairly

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A Study on Causal Relationship About the Reparations Range (손해배상범위에 관한 인과관계의 연구)

  • Choi Hwan-Seok;Park Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.6 no.4
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    • pp.146-157
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    • 2006
  • 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.

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