物件要件論 小考

Abstract

The discussion on the legal entity which is entitled to be the subject of rights has been going on with the focus of theory of legal persons. However, the object of rights was not systematically discussed and remained as shortly explained. It is because the competence to be the subject of rights can be discussed on the general and summary level as it is substantially same in different legal relationships, while the competence to be the object of rights is confirmed on the level of particular right, so that nobody felt necessary to discuss it on the general level. In addition, it is impossible and unnecessary in terms of legislative technique to set a general provision on the object. Therefore, current Civil Act has a special provision on Res　which constitutes only a part of object of rights. It is meaningful to set the provision on the definition of Res　in the general provisions of the Civil Act, especially because it enables the scope of application of the Civil Act to enhance in order to keep abreast of the current situation, focusing on the definition of　Res. Based on this viewpoint, this thesis analyzed the concept of　Res, which was not seriously discussed traditionally, by analyzing the legislative history and legal status of the Article 98 of the Korean Civil Act, so that we can draw reasonable requirements of　Res　as a legal concept. Then I found the concept of Res　under Korean Civil Act as an abstract legal concept encompassing tangibles and intangibles. Also, about the requirement to be Res,　I pointed out that the traditional discussion which draws criteria from relational understanding with real right was not reasonable, and I separated such requirement into General requirement　which is applicable to　Res in general, and Special requirement　which is applicable to object of ownership or obligation.