민법에서 사권의 공공성 一瞥

• 영문명: The Significance of Public Weal in Civil Law Area
• 발행기관: 한국부패학회
• 저자명: 배성호(Bae Sung Ho)
• 간행물 정보: 『한국부패학회보』제14권 제3호, 81~98쪽, 전체 18쪽
• 주제분류: 법학 > 민법
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

The intersection between private law sphere and public law sphere came into main issue these day. For instance, environmental problem such as protection of environmental benefits, privacy, which contains consitutional problems, sexual discrimination , family system, that also contains constitution value and non- contradiction and infringement of obligatory right etc. Such being the case, those intersections are related to civil public weal or private quasi-public. However, public weal or private public is vehicle for those intersections. The private autonomy and mandate in market have different type of concept, but it is important to guarantee the concept of the private autonomy, due to the meaning of public weal and quasi-public, civil law made up with social principal of norm. which means civil law connote the existence of civil freedom and quasi-public. Those quasi-public contains formation of civil social order's rule. The main propose of civil law is to enhance social order, which actually will guarantee the personal freedom and self-determination right. This paper describes the principle of No abuse of rights, and the significance of public weal in civil law due to article 103.

목차

Ⅰ. 初述

Ⅱ. 권리행사의 자유와 공공복리, 권리남용

Ⅲ. 법률행위의 자유와 사회질서

Ⅳ. 결론에 갈음하여―사권의 공공성 서설―

<참고문헌>

키워드

사적 자치(Private autonomy) 공공복리(Public weal) 공서양속(Good public order and customs) 사회질서(Social order) 공공성(Quasi-public) 권리남용(abuse one's right)