건설 도급계약상 담보책임기간에 관한 소고 - 개정민법안을 중심으로 -

초록

In this paper, the proposed amendments to Articles 670 and 671 of the Civil Code are compared with the provisions on the period of special liability for under the Construction Industry Basic Act, the Apartment Management Act, and the Act on Collective Buildings, which are applied to construction contracts. The provisions on the period for the project owner to notify of defects proposed in the Civil Code amendment are positive in that they protect the project owner's rights by allowing the project owner to notify of defects for one year from the time the project owner discovers the defect, while shifting the strict liability of the contractor to the liability for default. In addition, along with the revision of the Civil Code, we also looked into ways to reduce confusion caused by the lack of uniformity in the regulations on the period of liability for defects in various laws currently applicable to construction contracts. Ultimately, if the Civil Code amendment is applied to the Act on Collective Buildings and the Apartment Management Act, it will be possible to uniformly regulate these provisions. In addition, it is proposed to uniformly stipulate the period for exercising rights for each type of work and material in the Act on Collective Buildings and the Apartment Management Act. Ultimately, I hope that this will serve as an opportunity to resolve the confusion regarding the period of liability for construction contracts through a unified discussion on the period of liability for each type of work and material in construction practice.

키워드