중국의 물권법제에 관한 법제교류지원방향
The Supporting Direction Of Legislative System Interchange Towards The Chinese Real Rights Code
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This thesis looks into the system and main contents of Chinese real right legal system with Chinese common provisions of civil law and Chinese real rights code, which were established in 1989 and 2007, respectively, as the central figures. Then it also searches for the legislative system exportation (the supporting direction of legislative system interchange towards China hereafter) out of the contents of the real right legal system of our civil law. Firstly, the law of realty of China, which was enacted in 2007, takes the principle of kinds of real rights, different from the former manner. Accordingly, Chinese real right code systemizes the limited real right, which corresponds to the ownership to the real right granted by way of security over the second to the fourth chapter. It also has a separate provision towards the 'possessory' in the fifth chapter, having a dissimilar manner from the customary one. And related with legislation exportation, followings can be representatively instanced as the considerable ones for legislative system exportation among the contents of our real right code. (1) New establishment of definition provisions about the things, movables and also immovables. (2) Arrangement of foundations of customary law in the principle of kinds of real rights (3) Separation of liability and the responsibility of public law (4) Necessity of detailing of Nachbarschaft (5) Necessity of conception recognition of co-ownership and collective ownership (6) Necessity of introduction of limitation provision about the com- pensation for damages is delayed among the scope of mortgage coverages
Abstract
This thesis looks into the system and main contents of Chinese real right legal system with Chinese common provisions of civil law and Chinese real rights code, which were established in 1989 and 2007, respectively, as the central figures. Then it also searches for the legislative system exportation (the supporting direction of legislative system interchange towards China hereafter) out of the contents of the real right legal system of our civil law. Firstly, the law of realty of China, which was enacted in 2007, takes the principle of kinds of real rights, different from the former manner. Accordingly, Chinese real right code systemizes the limited real right, which corresponds to the ownership to the real right granted by way of security over the second to the fourth chapter. It also has a separate provision towards the 'possessory' in the fifth chapter, having a dissimilar manner from the customary one. And related with legislation exportation, followings can be representatively instanced as the considerable ones for legislative system exportation among the contents of our real right code. (1) New establishment of definition provisions about the things, movables and also immovables. (2) Arrangement of foundations of customary law in the principle of kinds of real rights (3) Separation of liability and the responsibility of public law (4) Necessity of detailing of Nachbarschaft (5) Necessity of conception recognition of co-ownership and collective ownership (6) Necessity of introduction of limitation provision about the com- pensation for damages is delayed among the scope of mortgage coverages
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