법률요건과 요건사실(주요사실)

• 발행기관: 한국민사소송법학회
• 저자명: 나현
• 간행물 정보: 『민사소송』제13권 제1호, 214~249쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.05.30

영문 초록

There are concepts of ‘the legal effect’ and ‘the legally required factor’ in civil law, ‘the chief matter of fact’ in civil procedure, in Korea. ‘The legal effect’ means the occurrence, change and extinction of rights or obligations as a result of legal action. ‘The legally required factor’ means the requisites(fact or situation) that bring about ‘the legal effect’. ‘The chief matter of fact’ means the fact that should be indicated by party concerned before examining by the judge. As a main subject, this article focuces on the concept of ‘the legally required fact’, connecting ‘the legally required factor’ to ‘the chief matter of fact’ in civil procedure, the writer grasps it as only ‘concrete fact’ to meet ‘the legally required factor’, and understands it to correspond with ‘the chief matter of fact’ in suit. Next, the writer divides ‘the legally required factor’ into 3 types. ‘The factive(concrete) factor’ can be verified directly by evidence, so it becomes ‘the legally required fact’-‘the chief matter of fact’ in suit-by itself. But ‘the estimate-needing factor’ and ‘the normative factor’ can be infered or judged only by the another concrete fact(proved by evidence), not be proved by evidence directly, so the (another) concrete fact becomes ‘the legally required fact’-‘the chief matter of fact’ in suit.

목차

Ⅰ. 의의

Ⅱ. 法律要件의 특성과 要件事實

Ⅲ. 法律行爲(契約)에 근거한 청구권의 요건사실

Ⅳ. 요건사실(주요사실)의 主張

Ⅴ. 맺는 말

참고문헌

키워드

法律效果 法律要件 要件事實 主要事實 請求原因 legally required fact for legal effect chief matter of fact in civil suit ground of demand in civil suit legal effect legally required factor for legal effect