일본민법(재산법)개정에서 소유권제도의 개혁에 관한 논의 - 民法改正硏究會의 「日本民法改正試案」(2009.1.1)을 중심으로 -

Abstract

It could be expressed that an epoch-making renovation of Civil Code is a kind of world wide trend. However, It is nothing new to say when we recognize it is over 200 years since the France Civil Code enacted in 1804 as the first modernized Civil Code. Now, Japan is one of the nations engaged in amendment of Civil Code. There is deep relationship between Japanese Civil Code and Korean Civil Code whether they intend to do so or not. So it can be an important thing to watch a trend of renovation of Japanese Civil Code. There are a lot of working groups, academic communities, and commissions for the Civil Code amendment. Among other things, ownership system is the most important issue in the draft of Civil Code amendment published by the Japanese Association for Study on Civil Code Amendment. In fact, current ownership system of Korean Civil Code is influenced by Janpanese one, so it needs to examine how the reform of ownership system is discussed in Japan. This paper focuses on the argument about ownership system centering around the draft of Civil Code amendment done by the Japanese Association for Study on Civil Code Amendment