물권제도의 정비에 관한 연구 - 민법개정안 중 물권법을 중심으로 -

Abstract

South Korean Civil Law will be enacted in 1958 [1960 enforcement], revision concerning a law-of-property field since was trifling. While 44 years had passed since it was enforced, the necessity for modernization stated continuously present Civil Law formed on the foundation of modern Civil Law. The present law-of-property revision arranges and legislates the Civil Law revised direction discussed in the meantime. It is evaluated by having reflected appropriately the revised direction discussed in the meantime although revision advanced even if recently at the short time of five years. However, the revised efforts to which lobbying for the Civil Law revision does not flag through permanent-installation of a committee rather than stops to throwing away are required. The foundation can be accomplished by Civil Law as a social organic act investigating systematically the upper theory, a judicial precedent and custom, and business of the characteristic, and inquiring. Change of basic order will not become, if legislation preparation work is not fullness beforehand with a social shock wave appearing greatly. The comprehensive-like examination which leads a standing committee to the investigation, the all-out theory and all-out judicial precedent theory to custom, business, etc. for continuous modernization of Civil Law conclusively is proposed.