권리 행사의 시간적 제한에 관한 일 고찰

• 영문명: A Study on Time Limit for Rights in Korean Civil Code
• 발행기관: 한국민사법학회
• 저자명: 金榮喜(Kim, Young-Hee)
• 간행물 정보: 『민사법학』제29호, 3~41쪽, 전체 39쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2005.09.30

영문 초록

A factor of time gives great influence on the status and the potentiality of rights. Due to the powerful influence of that factor, the Korean Civil Code has various provisions regarding time limits. It seems that, however, such provisions lack systematic clarity. For example, some provisions set the time limits, but do not regulate their effects when those time limits have expired. On the other hand, there is no related time limit provision for some rights even if they are contingent upon time factors on reality. Many Korean civil law scholars, therefore, have been making efforts to set up a clear and consistent system of time related provisions. The outputs of studies on this subject can be divided into four major categories. First category deals with the period of prescription which causes extinction of rights. Under this category the effects of extinctive prescription can be studied. Second category deals with the period of exclusion. Under this category strong relation to the right of changing legal relation ( Gestaltungsrecht in German) can be studied. Third category deals with the discrimination between the period of extinctive prescription and the period of exclusion. Fourth category deals with the lapse. When one is dealing the main subject or any one of those four sub-subjects, the author suggests seeing all the time related systems in their entirety. In other words, it is important to find the interrelation among the systems, and then to keep consistency when analyzing and constructing the Code.

목차

Ⅰ. 시작하는 말

Ⅱ. 소멸시효론과 형성권론의 교차

Ⅲ. 맺는 말

키워드

시효 소멸시효 제척기간 형성권 실효 Verjä hrung Ausschlussfrist Gestaltungsrecht Verwirkung