동산물권과 용익물권의 변동에 관한 민법개정방향

Abstract

IN this thesis, I intended to discussed critically about amendment proposals relating Korean Civil Act on change of real right over movable and for use from various persons and institutions(especially from Korean Government and its Ministry Justice), and to offer my amendment proposals as following. But it is difficult to find amendment proposals of various persons and institutions. so I did not discussed these much. Withal I offered my amendment proposals as following. Ⅰ. My proposal relating change of real right over movableCivil Act Article 188 (Assignment and Establishment of Real Right over Movable)(1) Real rights over movables is assigned and established upon the delivery to a person who want to acquire these real right. (2) When the person who want to acquire these real right possesses a movable, Real rights over Movables is assigned and established by a mere declaration of such intention by the parties. Civil Act Article 189 (Indirect Possession by Parties’ Agreement)When assignee possesses movable, if the assigner and assignee agree that assigner can possesses the movable continuously, the assignee possesses the movable indirectly. Civil Act Article 190 (indirect possession by third party’s agreement)(1) When third party possesses movable, if the assigner and assignee agree that the assigner must give the third party notice that the third party should possess the movable for assignee from now, and the third party send out to consent, the assignee possesses the movable indirectly. (2) The provision of this paragraph (1) shall apply mutatis mutandis to the case that real right over movable is established. Ⅱ. My proposal relating change of superficies and servitudeCivil Act Article 287 (Unilateral Conduct That Extinguishes Superficies)If a superficiary has not paid rent for a perriod of more than two years, or does not use according to the superficies-contract or 「the character of the subject matter of superficies」, the owner of the land may conduct unilaterally to extinguish superficies. Civil Act Article 299 (Abandonment of Ownership of Servient Land)If the owner of servient land abandons ownership of the land witch is necessary for the servitude, the land belongs to the person having the servitude. Ⅲ. My proposal relating change of chonsegwonCivil Act Article 311 (Unilateral Conduct That Terminate Using the Subject Matter of Chonsegwon)The person having chonsegwon does not use according to the chonsegwon-contract or 「the character of the subject matter of chonsegwon」, the owner of the the subject matter may conduct unilaterally to extinguish chonsegwon. Civil Act Article 313 (Chonsegwon Having no Agreed Duration)(1) If the duration of chonsegwon has not been provided by a contract, either party may notify at any time the other party of his intention to extinguish chonsegwon. (2) When The person having chonsegwon notifies his intention by this paragraph (1), chonsegwon shall be extinguished after 1 months have elapsed from the date receipt by the other party of notification. When The person having the owner of the the subject matter of chonsegwon notifies his intention by this paragraph (1), chonsegwon shall be extinguished after 6 months have elapsed from the date receipt by the other party of notification.