earticle

영어

From the comparative viewpoint, the Korean representative statutes(arts. 114-136 of the Civil Code) could be positioned in the rank of codifications deeply influenced by the German Civil Code(1900). However, those statutes are facing some moments of recodifiaction for some reasons: firstly, social changes resulted by bio-technological developments, inter alia for prolonging human life or re-production secondly, theoretical developments based on comparative legal studies thirdly, newly worked-out codes and instrumental devices such as PECL, UNIDROIT Principles and DCFR and lastly, influences of new institutions, e.g. class actions or adult guardianship, (in)directly concerned with representative schemes.
This article introduced some of the author's experiences as participant in the Civil Code reform committee under the auspice of the Ministry of Justice. The reader should keep in mind that the article reflects the limited discussions in the committee only until the October 2009 for some reasons including the author's private affairs.