지역권·전세권에 관한 해석과 입법론

Abstract

Ⅰ. Serveral Problems and Amendment on Servitude 1. acquiring period of servitude 1) Can we acquire servitude by possession acquiring period? In this thesis, I answer in the negative. 2) Can we acquire servitude by quasi-possession acquiring period? This quasi-possession is provided in the Korean Civil Act Article 210. In this thesis, I answer in the negative. 3) We can acquire servitude by exercising actually servitude for period provided in the Korean Civil Act Article Article 245. 2. Amendment of the Korean Civil Act Article 298 and 299 3. Can we regester the rent in servitude? In this thesis, I answer in the negative. For regestering the rent in servitude, It is right that the Immovables Register Act is revised. Ⅱ. Serveral Problems and Amendments on Chonsegwon Chonsegwon is the right to registered lease on deposit base. 1. The appendant nature of chonsegwon Theories on this nature are commented in this thesis. 2. The establishment of Korean Civil Act Article 371 Clause 3(the proposal of the Justice Department) I state that the establishment is unrighteous. 3. Amendment of the Korean Civil Act Article 312 Clause 4 4. Amendment of the Korean Civil Act Article 313 5. Amendment of the Korean Civil Act Article 316 Clause 1 and 2