미성년자의 신용카드 이용계약 해제

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Law of Obligation 1 - 사례 9
"미성년자의 신용카드이용계약"

목차

Ⅰ. Question 1
1. Issue
2. Rescission of a "Credit card usage contract"
3. The right and amount of money A can demand from 갑 if the contract is rescinded.

Ⅱ. Question 2
1. Issue
2. Rescission of a "sales contract"
3. What the parties need to return

Ⅲ. Question 3
1. Incompetence
2. Minority
3. Whether you can rescind a void juristic act.
4. B`s right to rescind the contract.

Ⅳ. Question 4
1. 갑 and 무
2. 갑 and 정
3. Conclusion

본문내용

1. Issue

A minor is able to rescind his juristic act if it was made without the approval from his/her legal representative(in this case it will be 甲`s parents)(Art 5 ②). So we need to look 1) if there was any `explicit or implied approval of the parents` to 甲`s concluding a credit card usage contract with A, which will make it irrevocable(Art 6). And we also need to discuss 2) whether 갑`s signing the contract, using his mother`s signature constitutes `fraud` mentioned in Art 17, which will eliminate 갑`s right to rescind. And finally, we should discuss 3) the amount 갑 has to return in case rescission is made possible.

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