相續回復請求權의 法的 性格

• 영문명: A Consideration of Right of Recovery Succession Claim for Legal Nature
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이동율(Dong-Ryul Lee) 최진구(Jin-Goo Choi)
• 간행물 정보: 『비교사법』비교사법 제12권 2호, 343~368쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

The succession recovery claim that is a system for protects the truth successor leads recovery of succession effect. The succession recovery claim regarding the legal nature, specially the theory is being opposed 'theory of independent right and theory of gathering right'. When seeing history, the succession recovery claim is the objective to recovery of inherited property and protects the truth successor. Currently our country case, Supreme Court takes a thoery of gathering right, the Constitutional Court is taking a theory of independent right. But our civil law is letting regarding a succession recovery claim §999, the interpretation is giving charge of in theory and judicial precedent. Consequently it means that the interpretation coat problem regarding a succession recovery claim is caused. The hazard which solves like this problem it stands, the establishment of the regulation which is detailed regarding a succession recovery claim is requested. When seeing from like this side, the regulation of 14 things regarding the succession recovery claim at Germany civil law good instance is a possibility of doing. The legislation which is detailed regarding the application scope, the object and the prescription of succession recovery claim to consider the legal nature with first priority and must become accomplished.

목차

Ⅰ. 序論

Ⅱ. 學說

Ⅲ. 大法院 判例 및 憲法裁判所 決定

Ⅳ. 結論

[참고문헌]

【ABSTRACT】