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不動産仲介契約의 效力에 관한 硏究 원문보기

  • 저자

    황영두

  • 학위수여기관

    昌原大學校

  • 학위구분

    국내석사

  • 학과

    法學科 私法專攻

  • 지도교수

  • 발행년도

    2002

  • 총페이지

    iv, 109 p.

  • 키워드

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T8936014&outLink=K  

  • 초록

    The real estate listing contracts are contracts made between clients and realty agencies. However, because there is no express provision about these contracts, there have been criticisms about the legal features and validities of these contracts. Therefore, the legal principles of the real estate listing contracts have depended on judicial precedents or theories. In particular, because there have been discussions about the legislation of civil agency contracts, which are the basis of real estate listing contracts, in the draft for reforming civil law under researches, it is necessary to research the rational revision of civil law. This paper is composed of 4 chapters. In chapter 1, the preface, the purpose, methods and scope of this research were described. In chapter 2, as general considerations about the legal structures of real estate listing contracts, the concept and features of real estate listing contracts, historical surveys on Korean agency contracts for realty, legal comparisons among the real estate listing contracts of various nations, and the types and legal features of real estate listing contracts were researched. In chapter 3, as legal principles about the effects of real estate listing contracts, problems in the rights and duties between clients and agencies were suggested, and some solutions were also presented. In chapter 4, conclusion, the theory of legislation about the real estate listing contracts as civil agency contracts in the draft of reforming civil law was suggested. About the features of real estate listing contracts, there are the analogy of contract for works, the analogy of employment contract, the analogy of announcing present states, and the analogy of consignment contract. In judicial precedents, consigned contracts seem to be similar to real estate listing contracts, but there are many differences. Therefore, real estate listing contracts cannot be regarded as independent civil agency contracts. In particular, real estate listing contracts are peculiar civil contracts including mixed elements of contracts for works, consignment contracts, employment contracts and contracts of announcing present states etc. The effects of real estate listing contracts are various according to the content and conditions of contracts between clients and realty agents. General agency contacts reveal their validities in the form of loosened rights and duties of both parties, but it should be noticed that exclusive or monopole agency contracts bind both parties and are enforceable. That is, realty agents have duties to do agency activities, clients should cooperate and pay commission after realty trades are completed according to the real estate listing contracts which are conditional contracts and of which goal is the completion of trades. Of course, the principle of faithfulness is applied to both parties, and realty agents have Duty of Care as good fiduciaries and the responsibilities of compensations for damages.


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