晴軒 金曾漢 교수의 法人論

• 영문명: The Juridical Person Theory of Professor KIM Jeung-han
• 발행기관: 한국민사법학회
• 저자명: 권철(KWON, Chul)
• 간행물 정보: 『민사법학』제69호, 3~38쪽, 전체 36쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2014.12.31

영문 초록

1. Since the Enactment of the Korean Civil Code in 1958, there has been fierce controversies over the juridcal person theory of professor KIM Jeung-han. The controversies can be divided into two issues. One is a debate about the typology of association/corporation, and the other is about timing of vesting of donated property in a foundation established. 2. With the enactment of the Korean Civil Code, co-ownership, partnership-ownership and collective ownership were defined in the form of joint ownership. Though the Korean Civil Code prescribes matters on collective ownership, in its actual management, the collective ownership regulations are unable to effectively regulate the legal relations of associations without juridical personality, and there are also many criticisms on collective ownership regulations. Currently in Korea, civil code reforms are underway, and there are plans to make overall changes for the legal regulations on associations without juridical personality. Though its contents have yet to be confirmed, it is worth very high interest on how civil code reforms for collective ownership will be made. 3. The argument on article 48 of Korean Civil Code began in the 1960s from the discussions between Professor KIM Jeung-han and Professor KWAK Yun-jik, who are the first generation of Civil law scholars in Korea, and is have been continuing for 50 years. According to a majority opinion of the scholars, the vesting of the donated property under Article 48 is an exception to Article186 and falls under the statutory change of property rights under Article 187. Thus, the majority view deems that the donated property is vested in the foundation, at the time of establishment of the foundation or effective date of the will, without any registration as required under Article 186. On the other hand, the minority view is that the donated property vests in the foundation only after completion of registration because of the doctrine emphasizing formality regarding the change in real rights. Reviewing the relevant materials for the Amendment of the Civil Code mentioned before, we can find there were many arguments among prominent civil law scholars including members of the special subcommittee for the amendment of the civil code.

목차

Ⅰ. 머리말

Ⅱ. 김증한 교수의 법인론

Ⅲ. 후속 연구 개관

Ⅳ. ‘평가 및 전망’에 갈음하여

<참고문헌>

키워드

김증한 법인론 단체⋅ 법인의 유형론 공동소유의 유형론 총유 합유 비법인사단 재단법인 재단법인 설립 상 출연재산의 귀속시기 KIM Jeung-han Juridical Person Theory Typology of association/corporation Typology of joint ownership Collective ownership Partnership- ownership In juridical person Foundation Timing of Vesting of Donated Property in a Foundation established pursuant to a Will