抵當權과 附從性

• 영문명: Mortgage and Appendant Nature
• 발행기관: 중앙대학교 법학연구원
• 저자명: 卞煥喆(Byun, Hwan-Cheol)
• 간행물 정보: 『법학논문집』法學論文集 第32輯 第2號, 93~111쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.31

영문 초록

Conclusion of this Supreme Court decision is in compliance with the actual reality of transactions but logical courses of making such a conclusion is not proper. It is reality that there are many cases established like the same method of the precedent in transactions of real estates with shortage of transaction prices. Therefore, if we make a precedent of validity or invalidity of mortgages established in this method only from the viewpoint of ‘numerus clausus der Sachenrechte’ and appendant nature, there are dangers to lack validity in specific cases. However, we cannot discuss about validity by making an inference of unclear deliberation of related parties indefinitely. Therefore, it seems like right to provide customary laws validity regarding establishment of such a mortgage. Of course, we may need to have more researches and discussions about its functions, requirements, and limits through investigation of realities of transactions.

목차

Ⅰ. 사안의 개요

Ⅱ. 분석

참고문헌

Abstract

키워드

부동산 거래(transactions of real estates) 저당권(mortgages) 부종성(appendant nature) 관습법(customary law) 물권법정주의(statute umerus clausus der Sachenrechte)