북한 민법의 물권제도일반과 그 변용

Abstract

It is meaningful to study what the general rules of real right system in North Korean Civil Law currently is and how to gradually change it. As a result of researching of the general rules of real right system in North Korean Civil Law, it is recognized as the characteristic of real right system in North Korean Civil Law that firstly, real right depends upon the concept which is the relationship between a person and a person, secondly, the legal principle of real right is disapproved, thirdly, a possessory right is approved as one of contents of real rights and a beneficiary right is disapproved, fourthly, means of protection of real right is so simple. It is showed that Real right system in North Korean Civil Law above is gradually changed through a materialization of a public announcement and real estate in substantial civil law in North Korea, an extension of a range of private property rights, a materialization of a beneficiary right of real right and means of protection of real right, and a distinction of movables and immovables. And also it is to show undergoing a change in North Korea Civil Law through reinforcement of land usufruct, a materialization of substantial civil law and procedural civil law of real right, and reinforcement of the position of possessory right.