물권행위 해석론에서의 세 가지 논쟁

• 영문명: The three Dispute over a point of law in the Construction of Reality right action
• 발행기관: 한국민사법학회
• 저자명: 盧鍾千(Law, Jong-Chun)
• 간행물 정보: 『민사법학』제33호, 79~124쪽, 전체 46쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2006.09.30

영문 초록

Main controversy about reality right action is three. The first thing is the dispute about the component of reality right action. The time which reality right action is done the second. The third problem is concerned the nature of reality right action. The theory opposes though it is the distinguished family the problem about. The theory presents the appearance of the transaction to main evidence about these problems. But they do not present the real appearance of the transaction. In this paper studied the problem, that the form of reality right action, The time which reality right action is done, and that the nature of reality right action. Reality right action consists of the thought expression or in full form. Reality right action is composed of the thought expression and form to be legal format. This paper concluded reality right action is done to the thought expression only. The second issue, Reality right action is done with the credit deed, or it is done separate with the credit deed. This paper was survey the question of real dealings to get solution about this issue. The author concluded the refers the result of the survey, and that reality right action is done separate with the credit deed. The third question, Reality right action is affected the effect of the cause action or not. The writer make an investigation into the confrontation of the theory and investigated to be actual of the transaction. As a result, Reality right action is concluded which it was not affected at the reason deed.

목차

Ⅰ. 세 가지 논쟁

Ⅱ. 물권행위 行態論

Ⅲ. 물권행위 時期論(독자성의 문제)

Ⅳ. 물권행위 성질론(유인성·무인성의 문제)

Ⅴ. 결론

키워드

물권행위 독자성긍정론 독자성부인론 유인성설 무인성설 거래실제 형식주의 유인론 무인론 물권변동 형식주의 reality right action the component of reality right action the nature of reality right action the thought expression The actual of the transaction the credit deed