공동소유에 관한 민법 개정안

• 영문명: The Revision draft of co-ownership provisions of the Civil Code
• 발행기관: 한국민사법학회
• 저자명: 윤진수(Jinsu Yune)
• 간행물 정보: 『민사법학』제68호, 123~168쪽, 전체 46쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2014.09.30

영문 초록

The Korean Civil Code acknowledges three types of co-ownership;common ownership(공유), joint ownership(합유), collective ownership(총유). In case of common ownership, co-owners own separate and distinct shares of the same property. If members of the partnership own the property of the partnership, they become joint owners. Joint owners have no distinct shares of the property. Collective ownership is established when members of an association without legal personality own the same property. In February 2014, the Civil Code Revision Committee of the Department of Justice has prepared the revision draft of co-ownership provisions of the Civil Code. The main points are as following. 1. Common ownership Firstly, according to the draft, one common owner can acquire the subordinate real rights on the property commonly owed. At present, such an acquisition is not allowed, as an owner, including a common owner, cannot acquire the subordinate real rights of the property she herself owns. Secondly, the agreement among common owners regulating the administration of the common property is effective againt the successor of one common owners. The precedents have acknowledged it. The draft gives the precedents a statutory basis. Thirdly, The draft gives more discretion to the court in deciding the partition of the common property. 2. Joint ownership Firstly, the draft aims to resolve the contradiction between the joint ownership rule and partnership contract rule. According to the present Civil Code, all joint owners should consent to the disposition or alteration of the joint property, although the majority rule may be adopted by

목차

Ⅰ. 서론

Ⅱ. 공유

Ⅲ. 합유와 조합

Ⅳ. 총유 규정의 개정 유보

Ⅴ. 결론

<참고문헌>

키워드

공동소유 공유 합유 총유 공유자 일부의 제한물권 취득 관리 약정의 승계인에 대한 효력 공유물의 분할방법 조합의 사무집행 방법 조합재산의 소유형태 총유규정의 유지 Co-Ownership Common Ownership Joint Ownership Collective Ownership Acquisition of subordinate real rights by a common owner Effect of the Administration Agreement to the Successor The Partition Method of Common Property The Execution of the Partnership Affair The Forms of Partnership Property Preservation of Collective Ownership Provisions