民法上의 占有에 관한 여러 문제점
Several Problems on Possession in the Korean Civil Law
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Abstract
Ⅰ. Possession in the Korean civil Law is not only a unit that composes of a legal condition, but also a legal condition itself. Ⅱ. The relation that assists possession is not a legal right-relation, but a actual relation, And, the relation that intermediates possession in indirect possession is a actual relation too. Ⅲ. By the owning intention, possession can be devided into independent possession and dependent possession. By the actual relation in the concrete case, I decide whether the owing intention is exitent or not. Ⅳ. The right that a possessor demands removal of the disturbance in the case of being disturbed in possession of his property, doesn’t include a claim for damages.