민법 총칙편 제3장(법인) 제1절(총칙)과 제2절(설립)에 관한 개정방향

• 영문명: Amendment Proposal Relating Civil Act Part Ⅰ Chapter Ⅲ Section 1 and 2
• 발행기관: 한국민사법학회
• 저자명: 姜台星(Kang, Tae-Seong)
• 간행물 정보: 『민사법학』제35호, 3~40쪽, 전체 38쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.03.31

영문 초록

In this thesis, I investigate problems in Civil Act Part Ⅰ(General Provisions) Chapter Ⅲ(Juristic Persons) Section 1(General Provisions) and 2(Incorporation). And, I propose reasonable amendments that these problems do not exit. Ⅰ. The Amendment of Civil Act Part Ⅰ Chapter Ⅲ Section 1 1. Is it right to prescribe General Provisions in Civil Act Part Ⅰ Chapter Ⅲ? I think that it is unright to prescribe them. 2. The Amendment of Civil Act Article 32 I investigate problems in Civil Act Article 32. And, I propose a reasonable amendment on this Article. Especially, it is right to amend Civil Act Article 32 as follows. Civil Act Article 32 (Incorporation of Non-profit-marking Juristic Person and Permission thereof) ① Person who intends to found non-profit-marking incorporated association must gain the permission of the competent authorities. ② Also, person who intends to found incorporated foundation must gain the permission of the competent authorities. 3. The Amendment of Civil Act Article 38 I investigate problems in Civil Act Article 38. And, I propose reasonable rational amendments on this Article. Especially, I comment our governmental amendment proposal on this article. Ⅱ. The Amendment of Civil Act Part Ⅰ Chapter Ⅲ Section 2 1. The Amendment of Civil Act Article 40 I investigate problems in Civil Act Article 40. And, I propose reasonable rational amendment on this Article. Especially, it is right to delete Civil Act Article 40 Number 7. 2. The Amendment of Civil Act Article 41 I investigate problems in Civil Act Article 41. And, I propose reasonable amendment on this Article. Especially, it is right to change Civil Act Article 32 into Civil Act Article 32 Clause 1. 3. The Amendment of Civil Act Article 42 Especially, it is right to delete “concerning the quorum” in Civil Act Article 42 Clause 1 proviso. 4. The Amendment of Civil Act Article 55 It is right to amend Civil Act Article 55 Clause 1 paragraph 2. 5. The Amendment of Civil Act Article 56 It is right to change “nor” in Civil Act Article 56 into ｢and｣.

목차

Ⅰ. 머리말

Ⅱ. 민법 총칙편 제3장 제1절의 개정

Ⅲ. 민법 총칙편 제3장 제2절의 개정

Ⅳ. 맺음말

키워드

민법개정 법인법의 개정 법인법의 총칙 법인의 설립 민법 제32조 민법 제38조 민법 제40조 민법 제41조 민법 제42조 민법 제55조 민법 제56조 Amendment of Civil Act General Provisions Applied in Juristic Persons Incorporation of Juristic Person Civil Act Article 35 Civil Act Article 38 Civil Act Article 40 Civil Act Article 41 Civil Act Article 42 Civil Act Article 55 Civil Act Article 56.