일본메이지민법(물권편:소유권취득·공동소유)의 입법이유

• 영문명: Comments on the Motives Codifying the Meiji Civil Code (Part 2. Property Law: the acquisition of the ownership and joint ownership)
• 발행기관: 한국민사법학회
• 저자명: 박인환(In-Hwan PARK)
• 간행물 정보: 『민사법학』제62호, 443~495쪽, 전체 53쪽
• 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 property law), 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, whose legislation has been widely influenced by the European legal tradition via the Japanese legal scholarship. Japanese former Civil Code draft(by G. Boissonade) had many conceptual and systematic provisions which were scattered in the part of property and the part of acquisition of property. Whereas the Japanese Meiji Civil Code adjusted the provisions briefly and to the point in the part of property in answer to practical questions in those days Japan to pursue the policy of codifying Japanese Civil Code. The Japanese Civil Code makers tried to seek the balances between the reference of the comparative law and the circumstances of Japan in those days.

목차

Ⅰ. 서론

Ⅱ. 소유권의 취득

Ⅲ. 공유(共有)

Ⅳ. 결론

참고문헌

키워드

일본메이지민법 민법수정안(전삼편)이유서 일본 구민법 물권편 소유권취득 공동소유 공유 the Japanese Meiji Civil Code and its reform motives(former three parts) the Japanese former Civil Code draft(by G. Boissonade) part of property law the acquisition of the ownership joint ownership