민법 제755조의 개정에 관한 연구

초록

This study aims to review continental law, anglo-american law and european tort law, and to suggest revision draft on Korean Civil Code(hierafter. KCC) Art. 755. After comparative review the following conclusions have been drawn. First, among nations under survey there is a clear division as to the age for minor to be liable. so there is no need for such revision. Secondly, liability in equity is subsidiary to the liability of the parents or legal guardians. but there is much uncertainty as to scope of liability or damages. so there is no need for such revision. Thirdly, a good many nations' parental liability is based on the presumed fault of the parents. because victim has no the relevant information, the reversal of the burden of proof is needy for victim's damages. so author's personal draft of KCC Art. 755 provide for the reversal of the burden of proof as to minor's act in general. Fourthly, liability of legal guardian of mentally disabled person is divergent among nations under survey. so there is no need for such revision.

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