일본메이지민법(물권편:점유권)의 입법이유

• 영문명: Comments on the Motives Codifying the Meiji Civil Code (Part 2. Property Law: Right of Possession)
• 발행기관: 한국민사법학회
• 저자명: 朴世珉(PARK, Sea Min)
• 간행물 정보: 『민사법학』제60호, 401~445쪽, 전체 45쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2012.10.31

영문 초록

This article contains the full translation of reform motives of the Meiji Civil Code(the part of property law), which are based on the texts edited by HIRONAKA Toshio, Minpō Shuseian (zensampen) no Riyūsho (Yūhikaku, 1987), and adds some comments from the viewpoints of the Korean lawyer, whose legislation has been widely influenced by the European legal tradition via the Japanese legal scholarship. The provisions of a possessory right in the Meiji Civil Code shows their effort not to be fully influenced by the Japanese former Civil Code draft, and further, by the French Civil Code. The intent to own has been excluded from the concept of possession, and it requires only the intent to possess an object for its possessor’s own sake. The Right of Possession was basically not designed for the acquisition of the right of ownership but prepared to protect an actual rule over a real object. Any intent of its possessor is not required to satisfy the Right of Possession in Korean legal system. In addition, the Korean Civil Code has improved the Japanese provision of Prompt Acquisition(卽時取得) in the light of essence of Bona fide acquisition(善意取得). Although each individual provision should be examined more carefully, this shows that the Korean Civil Code concerning possession has a more logical and concise system, which definitely recognizes the object to be protected through it.

목차

Ⅰ. 서언

Ⅱ. 점유권 법전편성 방식

Ⅲ. 점유권의 내용

Ⅳ. 맺음말

참고문헌

키워드

메이지민법과 입법이유서 일본 구민법 브와소나드 민법 물권편 점유 선의취득 Meiji Civil Code and its reform motives(former three parts) Japanese former Civil Code draft(by G. Boissonade) part of property law possession bona fide acquisition