Korean Law in English
Laws › Civil Act › Sub-Section 3 Qualified Acceptance

Civil Act — Article 1038 (Liability arising from unfair performance. etc.)

민법 제1038조

(1) If a qualified acceptor has neglected to give a public or peremptory notice pursuant to the provisions of Article 1032, or has effected performance to some obligees in inheritance or testamentary donees in violation of the provisions of Articles 1033 through 1036, and in consequence has become unable to effect performance to the other obligees in inheritance or testamentary donees, he or she shall redress any damages arising therefrom. This shall also apply to the cases where the inheritor who has neglected to know the fact that his inherited liability exceeds his inherited property but has made a qualified acceptance pursuant to Article 1019(3) had effected performance to some obligees in inheritance or testamentary donees before such a qualified acceptance. <Amended on Mar. 31, 2005>

(2) In the case of the former part of paragraph (1), any obligee in inheritance or testamentary donee to whom no performance has been effected, may exercise the right to demand reimbursement from such obligees in the inheritance or testamentary donees, as having improperly received performance with knowledge of the circumstances. This shall also apply to the cases where there are obligees in inheritance or testamentary donees who have received performance from the inheritor, who has made a qualified acceptance pursuant to Article 1019(3) or (4), before such a qualified acceptance with knowledge that the inherited liability exceeds the inherited property. <Amended on Mar. 31, 2005; Dec. 13, 2022>

(3) The provisions of Article 766 shall apply mutatis mutandis to the cases mentioned in paragraphs (1) and (2). <Amended on Mar. 31, 2005>[Title Amended on Mar. 31, 2005]

‹ Article 1037All articlesArticle 1039 ›

Korean original (law.go.kr) · Get articles as JSON via API

For AI agents and developers — get this article as JSON, with the English and current Korean effective dates and an outdated-translation flag, from the korea-law API or as an MCP tool: https://mcp.apify.com?tools=kr-data/korea-law