북한 物權法의 변모과정과 향후 推移의 모색

Abstract

This Article says about the peculiarity and the amended contents and the transition of The Law of The Real Rights of North Korea according to the revision of the civil law and the laws on related matters of North Korean civil law because the purpose of this research is the grope for information about the direction of the enactment of The Law of The Real Rights of North Korea which was established in 1990 so as to establish of the civil law of the unified Korea. Regarding to the matter of the specific character of The Law of The Real Rights of North Korea, above other things the peculiarity of it is the very the principle of socialistic ownership of the production means. Therefore, The Law of The Real Rights of North Korea regards the ownership as not the relationship between a person and materials but the relationship between a person and a person. But now a days The Law of The Real Rights of North Korea shows some special points which are different from the traditional attitude which they have kept through the second amendment of civil law in 1999 and the establishment of the Law of inheritance in 2002. In short the system of the Law of Reality is being changed through the extension of limits of personal property by the admission of a onerous contract in the sphere of private contract and the extension of the object of succession and the concretization of a claim for compensation in a case of a real right. In addition to that, The system of the law of reality in North Korea is showing the possibility of approaching between the civil law of South and North Korea through the establishment of alienation, lease, mortgage of real estate.