우리나라의 점유취득시효와 미국의 Adverse Possession과의 비교연구

• 영문명: The Comparative Study of Korean Acquisitive Prescription and American Adverse Possession
• 발행기관: 한국민사법학회
• 저자명: 박홍래(Park, Hong-Rae)
• 간행물 정보: 『민사법학』제26호, 205~237쪽, 전체 33쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2004.09.30

영문 초록

There are many differences between the subject of Korean real estate law and American property law. Even though two subjects look like same, there are many differences in the details of the subject. However, there are many similarities and differences in the Korean acquisitive prescription and American adverse possession. It is necessary for the person who complete prescription period to register to have perfect ownership in the Korean acquisitive prescription. But it is not necessary for the person who complete the statute of limitation period to record to have perfect ownership in the American adverse possession . That means the person who complete the statute of limitation period in the American adverse possession has original title even though he do not record it. It is similar the possession that somebody has an intention to own in the Korean acquisitive prescription to the hostile possession in the American adverse possession. Hostile possession means possession without permission of the one legally empowered to give possession. It is questionable in all adverse possession whether an adverse possessor s subjective state of mind can destroy hostility. It is the view, along with that of most decisions and of nearly all scholars, that what the possessor believes or intends should have nothing to do with it. It is decided by objectively that what is the possession that somebody has an intention to own in the Korean acquisitive prescription and the hostile possession in the American adverse possession. Thus both are similar but are different in the range. Many differences of the Korean acquisitive prescription and American adverse possession are originated in the difference of registration and recording systems and rules of transfer of interests in realty of both country.

목차

Ⅰ. 머리말

Ⅱ. 법적 근거와 인정이유

Ⅲ. 요건

Ⅳ. 대상

Ⅴ. 효과

Ⅵ. 결론

키워드

점유취득시효 자주 점유 적대적 점유 Adverse Possession Adverse Possession Acquisitive Prescription