한국과 중국에 있어서 부동산등기의 공신력에 대한 비교검토

• 영문명: A Comparative Study on the Public Confidence of the Real Estate Registration in Korea and China
• 발행기관: 충북대학교 법학연구소
• 저자명: 장석천(Jang, Seok-Cheon)
• 간행물 정보: 『법학연구』第21卷 第1號 (2010), 223~251쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.04.30

영문 초록

Registry implies that the national agency records the indication of real estate, preservation of right, and restriction or termination of settlement ․ transfer ․ change ․ disposal in the public register called a register book according to the legal procedure. As the registry is a system in order to prevent the unpredicted damage that might happen to the third party, by clearly announcing publicly the contents of relationship in a right for the third party in the deal relationship of real estate, as a symbol that allows a change in a real right on real estate to be possibly recognized from outside all the time, it plays a role of protecting safety of a deal. The aim is to examine about which significance the registry system of having proposition as private possession of property right has in China that is introducing the uniquely Socialist Market Economy system, which added capitalistic element as market economy system while having socialist system as the nation's basic political system, namely, about which validity is given to registry and whether the source credibility in registry is recognized, even out of it. For this, this study aims to examine implications of being given to the Chinese law through discussing, comparing and examining about source credibility of registry in the meantime in Korea, as for problems that occur in the practical affairs of real-estate deal due to the insufficiency in institutional and legal system of China's real-estate registry system, and to the lack of people's recognition, and as for source credibility that is validity of registry, in order to trust real-estate registry for protecting safety in a deal and to protect counterpart in the deal line out of it. As for composition of a study, it first discusses about source credibility of registry in Korea, and examines about how a person will be protected who dealt with trusting the unreliable registry, about necessity for acknowledging source credibility, and about prerequisite for a case of acknowledging source credibility. Next, it examines about the existing doctrine and leading case as discussion about source credibility in China, and examines the process of discussion about source credibility of registry in China's law of realty, which was legislated in 2007. Finally, the aim is to present implication to China's law of realty as saying that the appearance of acknowledging source credibility of registry in a deal of real estate needs to be operated suitably for the real situation of each country.

목차

Ⅰ. 머리말

Ⅱ. 한국에서 등기의 공신력

Ⅲ. 중국에서의 등기의 공신력

Ⅳ. 한국과 중국의 공신력의 비교 검토

Ⅴ. 결론

키워드

부동산등기제도 부동산등기 공신의 원칙 공신력 중국의 부동산등기제도 중국물권법 Real Estate Registration System Real Estate Registration Credit Principle Public Confidence Real Estate Registration System in China Property Law in China