프랑스 민법상 승계인(ayant cause)에 대한 연구

Abstract

The successor is the person who gets the right from the previous owner. As the transfer of the right is recognized as long as the preservation of the right is maintained, the successor cannot get more right than the previous owner has. Accordingly, the concept of the successor is made of the facts that the right is transferred from the previous owner and that the right transferred is the same with the original one. In the French Civil Code, the concept of the successor is divided into the comprehensive successor, partial comprehensive successor and specific successor. Although the concept of the successor appears across all civil codes related to the change in right, there have been no many studies on the concept of the successor in Korea. But in France, there have been a lot of studies on the concept of successor in relation to the concept of the third party. Especially, in Korea, there should have been some studies on the possibility of the position of successor as the position of a third party in relation to the decision on whether the trustee in bankruptcy is the third party protected under the legal relation of the fictitious declaration. But, there have not been sufficient studies on this. On the backdrop of these problems, this paper studied on the concept of the successor based on the comparison and analysis focusing on the legal position of the successors in French civil codes. In addition, the possibility of dual positions of the successors and the third party as suggested before was studied based on the cases of French courts.