혼합법계로서의 필리핀 법체계에 대한 소고 - 혼합법계의 형성과정 및 그 내용을 중심으로

• 영문명: A Study on the Philippine Law System as a Mixed Jurisdiction
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 박희호(Hee-Ho Pak)
• 간행물 정보: 『비교사법』比較私法 제15권 제2호, 51~81쪽, 전체 31쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.01

영문 초록

  The birth of the mixed jurisdiction in th Philippines occurred when the Spanish, having implanted their own variant of the civil-law system, transferred sovereignty to the United States, which imposed its common-law system. The Americans installed their own political and public law system by extending common-law inspired statutes and organic laws to the Philippines. The pre-existing private law was left in place, except for certain aspects which were thought to be in conflict with American notions of democracy and republicanism. But the Americans appointed American judges at all levels of the Philippine judiciary, who imported American wholesale into the Philippines. In that environment, there was no escape from the influences of the common-law on the private law of the Philippines. The field of obligations has been the area of civil law most affected by common law reception or interaction, especially in areas encroached upon by commercial or labor relations. Tort has been most affected but both contract and quasi-contract have also been absorbed their share of common law. Even the field of property has been affected by common las, because of the advent of the "stewardship" concept of property and the imperatives of social justice in a developing country where there is need to bridge the gap between the privileged few and the majority who are poor. The constitution of the Philippines justifies the governmental intervention in economic affairs.

목차

Ⅰ. 들어가는 말
Ⅱ. 혼합법계로서의 필리핀법계
Ⅲ. 필리핀 혼합법계의 형성과정
Ⅳ. 필리핀 혼합법계의 내용
Ⅴ. 필리핀의 사법체계에 대한 세 가지 견해
Ⅵ. 결어
【참고문헌】
[Abstract]

키워드

비교법 혼합법계 필리핀 사법체계 필리핀 사법전 아시아국가들의 법률 아시아의 사법통합 Comparative Law Mixed Jurisdictions Philippine Law System The Civil code of the Philippines Statutes of Asian Countries Uniform Civil Law in Asia