민법 제590조의 입법과정과 해석론

• 영문명: A Study on the Legislative Process and Analysis Theory in Civil Code ∮ 590
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 장창민
• 간행물 정보: 『비교사법』비교사법 제10권 1호, 303~330쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.03.01

영문 초록

The paper deal with the legislative and analysis theory in civil code 590. In civil code, Redemption is provided in purchase and selling. But Redemption can also function as security for an obligation. The abnormal security system including the transfer security is in general used. Because these an abnorma1 security system was not provided. in civil code. it was in customary law, in case law, in theory approved. In civil code these an abnormal security system was as if customary law uncritically follow in the step result in the present state of things, In this station redemption as the positive law become null and void. This administration of law careless the construction of the positive law and mass-produce customary law, finally lead to confusion in constitutionalism.

목차

1. 서설

2. 입법과정

3. 해석론

4. 결론

참고문헌

ABSTRACT