우리 민법의 시각에서 본 베트남의 물권제도

Abstract

The Civil Code of the Socialist Republic of Vietnam was enacted in 1995 and was revised twice in 2005 and 2015. Each amendment is to keep pace with Vietnam's development into a socialist market economy. This paper was written with the purpose of comparing and reviewing the property rights system of the current civil law, the 2015 Civil Code of Vietnam, and the Korean Civil Code. The property right section of the Vietnamese Civil Code has a relatively simple composition and does not adopt the term 'property right'. Land is owned by the entire people, and land ownership by individuals and corporations is strictly prohibited. Individuals and corporations can only acquire land use rights from the state for a certain period of time. Similar to land ownership, land use rights can be sold, inherited, gifted, transferred, rights established, and provided as security, but after a certain period of time, land must be returned to the state in principle. Furthermore, in the Civil Code of 1915, regulations on the right to adjacent immovable property, the usufruct right and the surface right were newly established. In addition, liens, pledges, and mortgages, which are our security rights, are not on the property rights section, but are stipulated on the obligation section as one of the measures to secure the performance of obligations. These points are different from our civil law, and should be noted in particular. There is a point to note when North Korea intends to enact its own civil law by referring to Vietnam in the future. The 1995 Civil Code of Vietnam recognized various forms of ownership, which should not be followed, and in order to establish a market transaction order, special attention should be paid to the protection of transaction safety and legal regulations to support it should be prepared. In principle, the principle of freedom of contract must be observed, and the superior status of the state in private transactions should not be recognized. It should be clarified that the state also bears the liability for damages if it fails to properly fulfill its debt or commits an illegal act. The property rights system of Vietnamese civil law is outlined in this paper. (1) In-depth research on the acquisition of property rights, the disclosure process of property rights changes, In this paper, the real right system of Vietnamese civil law is introduced in an overview. (1) In-depth research on the acquisition of real rights and the disclosure process of changes in real rights, (2) an investigation into whether lien, pledge and mortgage of property etc. are properly functioning as a means to secure the performance of obligations, (3) an in-depth study on the other security means that exist as security measures for the performance of obligations other than lien, pledge and mortgage of property, and (4) a research on the contents and detailed procedures of various registrations on land use rights and property will be additionally needed. In this regard, future plans will be promised.