일본 메이지민법(총칙편: 법인)의 입법이유 분석

• 영문명: Comments on the Motives Codifying the Meiji Civil Code(General Part: Corporation)
• 발행기관: 한국민사법학회
• 저자명: 윤태영(Tae-Young Yoon)
• 간행물 정보: 『민사법학』제54-1호, 323~361쪽, 전체 39쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

This article contains the full translation of reform motives of the Meiji Civil Code(the general part). They are based on the texts edited by Hironaka Toshio, Minpo syusean (zensanpan) no ryusyo(Yuhikaku, 1987), and they add 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. Korean civil Law mainly referred to the Meiji Civil Code during its enactment. It was enacted, legislatively solving the problems that the Meiji Civil Code had, by adopting theories of those days. However, there has been no research about why the Meiji Civil Code was legislated, what the problems were, and how the current Civil Code s form is even though fifty years have passed. It can be said that there is a historical missing link. Therefore, this paper will investigate the reasons of legislation about some significant provisions in ‘second act : corporation of general provisions of the Meiji Civil Code and compare it with current the Korean Civil Code. The corporation part of the Meiji Civil Code is the section which was greatly influenced by the German Civil Code. Hozumi Nobushige, who is a draftsman of the corporation part, quoted the draft of the German Civil Code to each article. Yet, every article was not influenced by the draft of the German Civil Code. Some originated from old Japanese civil law and commercial laws. About one fifth of the provisions are contrast to or greatly different from the draft of the German Civil Code. Among them, one provision originated from common law and some provisions originated from old commercial codes but not in the draft of the German Civil Code. Since Karl Friedich Hermann Rossler, who was a German jurist and a draftsman of old Japanese commercial codes, it therefore cannot be ignored that it was influenced by the German Commercial Code.

목차

Ⅰ. 서론

Ⅱ. 법인제도의 입법 이유

Ⅲ. 결론에 갈음하여

참고문헌

키워드

메이지민법 民法修正案(前三編)理由書 舊민법(일본) 총칙편 법인 독일민법제1･ 제2초안 입법화 the Meiji Civil Code and its reform motives (former three parts) the old Japanese Civil Code draft(by G. Boissonade) general part of the Civil Code Corporation the first and second drafts of the German Civil Code Enactment