일본 메이지민법(물권편 : 저당권의 효력 등)의 입법이유

• 영문명: Comments on the Motives Codifying the Meiji Civil Code (Part II. Real Rights : Chapter X. Mortgages - Section 2. Effect of Mortgages etc.)
• 발행기관: 한국민사법학회
• 저자명: 권철(KWON, Chul)
• 간행물 정보: 『민사법학』제62호, 497~554쪽, 전체 58쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2013.03.31

영문 초록

This article contains the full translation of reform motives of the Meiji Civil Code(the part of Real Rights), which are based on the texts edited by HIRONAKA Toshio, Minpō Shuseian (zensampen) no Riyūsho (Yuhikaku, 1987), and adds some comments from the viewpoints of the Korean lawyer. Japan invited French law professor, Gustave Emile Boissonade, to teach law and help draft the new civil code, which was finished in 1890 and scheduled to take effect in 1893. This code, now referred to as the “Old Civil Code” in Japanese legal history, was eventually postponed and never implemented. Although the Old Civil Code was suspended, Japan continued to draft its civil code. In 1898, a new civil code, so-called “Meiji Civil Code,” was finished. The Meiji Civil Code was modeled after the first draft of German Civil Code, which adopted Pandectist System. Nonetheless, the code was based on the Old Civil Code, and was greatly influenced by the French law in terms of its substance. After the implementation of the Meiji Civil Code, a debate over what constituted the “mother law” of Japanese civil code emerged within the academic circles. The popular opinion at that time argued that the Japanese Civil Code was a legacy of German law. However, a minority of experts argued that the Civil Code could be traced to French law. Korean Civil Code had its origins in German, French, Japan and other countries laws, but it retained more features of German laws due to the acceptance of German legal theories.

목차

Ⅰ. 머리말

Ⅱ. 저당권의 효력

Ⅲ. 저당권의 소멸

Ⅳ. 맺음말에 갈음하여

참고문헌

키워드

메이지민법 民法修正案(前三編)理由書 일본 구민법 물권편 저당권 저당권의 효력 법정지상권 일괄경매 공동저당 척제 the Meiji Civil Code and its reform motives(former three parts) the Japanese former Civil Code draft(by G. Boissonade) Part of Real Rights Mortgages(Teitō ken) Effect of Mortgages Statutory Superficies (Hō tei Chijō ken) Auction of Buildings on Mortgaged Lands Joint Mortgage Purge of Mortgage