대만민법전의 재산편 개정에 관한 연구 - 제정 후의 주요개정내용을 중심으로

• 영문명: Reform of the Taiwan Civil Code(Property Relations Law) after its Promulgation
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김성수(Seong-Soo Kim)
• 간행물 정보: 『비교사법』比較私法 제14권 제4호, 35~75쪽, 전체 41쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

  Taiwan Civil Code, which was promulgated from May 23, 1929(Book Ⅰ) to December 26, 1930(Book Ⅴ), has not been amended until 1970s, although the change and developement of society and economic environment has demanded it strongly. Since its official reform works are first commenced in 1974, the separte Books of the Code have been adopted : To begin with Book Ⅰ, Book Ⅳ and Ⅴ, Book Ⅱ, and lastly the last part of Book Ⅲ, which its other part is still being discussed as the draft.
  In the first section of my study, we will survey the main amendments of Book Ⅰ about General Rules, which is amended in 1982. For example, good faith priciples in the exercise of rights and performance of duties(article 148), which repealed the article 219 afterwards, protection of one’s personality from any infringement (article 18), several articles on the legal persons and on the application of a public prosecutor etc.
  Next Book Ⅳ and V about Family and Succession, are mainly amended in 2002, but we will neglect to pursue them, because our subject is the property relations law, not about personal relations law.
  In the next section, Book Ⅱ about Obligations on April 2, 1999, which is also greatly interested in our Civil Code reforms, is newly modifided or introduced in many articles. For example, incomplete performance of a debtor(article 227), claim for compensation from wrongful damage to another’s personality(article 195), unfair contract terms(article 247-1), change of circumstances after the constitution of the contract(Article 227-2), pre-contractual liability(article 245-1), travel(article 514-1), bid society(article 709-1), employment guaranty(article 756-1), special torts of products liability(article 191-1), of traffic accidents(Article 191-2), of hazardous operations(Article 191-3) and so on.
  Most recently, Book Ⅲ about Real Rights, is amended partly on March 28, 2007, mainly in the field of secured real rights, that is to say, Mortgage(Chapter Ⅵ), Pledge(Chapter Ⅶ), Right Of Retention(Chapter Ⅸ). The most imminent point is the introduction of line of credit mortgages(articles 881-1 to article 881-17). The draft of other parts on Ownership, Superficies, Yang-Dian, Servitudes and Possession, has been also presented, but not yet passed. Moreover the secured transactions Act of movable property has been entered into force, which comes from America, not Gemany, where the Taiwan civil code is chiefly adopted.
  The results of this study will give us very interesting perspectives and materials in reform works of our Civil Code, especially, protection of the personality, new systems in the Book Ⅱ Obligation and the secured transactions Act etc.

목차

Ⅰ. 서론
Ⅱ. 대만민법전의 제정과 개정 일반론
Ⅲ. 대만민법전 각 편의 개정내용
Ⅳ. 결론
【참고문헌】
[Abstract]

키워드

대만민법전 재산편 개정 총칙편 물권편 채권편 Taiwan Civil Code Reform of Property Relations Law General Rules Obligations Real Rights