새로운 토지이용권으로서 중국의 용익물권과 일본의 용익물권의 구상

Abstract

In recently, the Ministry of Justice in Korea was sailed the Committee for revising the Civil Law and issued to revise gradually the civil law that didn't revise and supplement for 51years since establishing it in 1958 for 4years from this year. In fact, the movement of the Committee for revising the Civil Law in Korea was in the law of property on 1999. The revised bill of the civil law was formed over this Committee and submitted to the National Assembly in 21th of October, 2004. However, it couldn't be deliberated and struck. But I think it was fortunate to make a foundation stone that can be an epoch-making revision on the law of property due to sail the Committee for revising the Civil Law. The other hand, in overseas, there is appearing the movement of lawmaking that make to pay attention for movement of revising the Civil Law in Korea. Especially there is the movement of Revising and Establishment of the Law of real right centering usufruct. One of them is establishment of the Law of real right in China. The reason is that China is placed in the important trading partners for Korea why the Law of Reality in China has important meaning. Therefore, it is important to understand because much Korean enterprise is affected by establishment of the Law of real right in China directly and indirectly. And the other movement of lawmaking is the Revision of the Civil Law in Japan. Japan has been going more than 100years since operating the Civil Law Code. There are many system that lose compatibility and justification in according to change in society of Japan for one century. Also, there are a few judicial codes that stand irrelevant to realistic due to develop a judicial precedent and a theory over one century. For revising this circumstance and making it as a modern Law reflected social interactions and law condition in present to the Civil Law Code, [the Japan Civil Law Revision Plan] was issued in October, 2008 as a Revision suggestion of the Law of Property on the Japan Civil Law except the Family Law and the Mortgage Law. Therefore, this study made us to have a wide understanding the Revision of the Civil Law in Korean with investigating the content and the nature of them centering this kind of new usufruct in China and Japan.