미국법상 부동산 소유권 변동과정에 대한 법적 고찰

• 영문명: Legal Analysis with regard to the Conveyance of Real Property in the United States
• 발행기관: 한국민사법학회
• 저자명: 가정준(Ka, Jung-Joon)
• 간행물 정보: 『민사법학』제31호, 139~176쪽, 전체 38쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2006.03.31

영문 초록

This article focuses on legal analysis with regard to the conveyance of real property in the United States. The main reason why I chose this subject is to compare legal issues in Korea with in the United States for the conveyance of real property. In the United States, two kinds of written documents are required for the valid conveyance of real property. Written contract for the bargain of real property is required under the Statute of Frauds. Deed for the conveyance of title is required under the statutory statute. The requirement of two documents makes it clear legal aspects although it is hard to understand them under the Korean legal system. An estate in real property can be transferred only by an instrument in writing, subscribed by the party disposing of the same or by the party s agent thereunto authorized by writing. An agreement to sell real property binds the seller to execute a conveyance in form sufficient to pass the title to the property. An interest in real property can be transferred only by an deed. An agreement to grant an interest in real property binds the grantee to execute The execution of a grant of an estate in real property to entitle the same to be recorded must be acknowledged. Three kinds of statutory statues on recording deeds in the United States. They works differently on the legal effects of recording act by grantee. Mostly, under statutory statues, the deed must be first recorded for grantee to claim his or her interest in real property against subsequent grantees. Especially, under the notice and race-notice statues, an grantee must be a bona fide purchaser with valuable consideration in real property. There is no significant difference for the internal process in the conveyance of real property between two legal system. However, the requirements of written contract, deed, and bona fide purchaser makes it clear that American real property law is formally different from Korean one on the conveyance of real property. In the United States, contractual duty and the duty of interest holder in real estate are clearly distinguished by establishing the requirement of two documents. In the legal aspect, there is no room for double conveyances for the grantee to be a bona fide purchaser. This article through the examination of legal analysis in this topic, I hope, will help to understand Korean legal aspect of contract on real property.

목차

Ⅰ. 서론

Ⅱ. 미국법상 부동산 계약 체결

Ⅲ. 미국법상 부동산 소유권 변동

Ⅳ. 민법상 부동산 소유권 변동과정과의 비교

Ⅴ. 결론

키워드

부동산 매매계약 사기방지법 계약의 종료 양도증서 등록 형평법상 소유권 선의 매수인 위험의 이전 진정성 확인 Statue of Frauds Deed Record Bona Fide Purchaser Real Contract