農地賣買에 있어서의 農地取得資格證明

• 영문명: The Qualifying Certificate of the Farmland-acquisition in the Sales Contract of Farmland
• 발행기관: 중앙대학교 법학연구원
• 저자명: 史東天(Dong-Cheon Sha)
• 간행물 정보: 『법학논문집』法學論文集 第31輯 第1號, 161~184쪽, 전체 24쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.08.30

영문 초록

  To the current farmland law, the exception against the principle of cultivation to own farmland goes to extremes and it is magnified, I think that the principle in constitution is collapsed.
  The farmland definitive agreement which have not a selling and buying proof on the farmland is effective at bond, but isn"t at real right. The real right contract is being placed on the condition which is valid or invalid, until issuing a farmland selling and buying proof.
  But the qualifying certificate of the farmland-acquisition is only the attached papers, which submit at the right of ownership previously registration. Also it isn"t effect in definitive agreement or real right fluctuation.
  I think that the regulations from 8th to 11th are become contradiction providence with each other. Also, I thank that it is violated in regulation of farmland competition prohibition.

목차

Ⅰ. 머리말
Ⅱ. 농지취득자격증명의 제도적 취지 및 연혁
Ⅲ. 농지취득자격증명의 법적 성질
Ⅳ. 농지취득자격증명의 발급
Ⅴ. 농지취득자격증명의 효력
Ⅵ. 맺는말
부록

키워드

농지(farmland) 농지취득자격증명(a qualifying certificate of the farmland-acquisition) 농지매매계약(the sales contract of farmland) 등기(registration) 농업인(farmer) 농업경영(management of agri-culture) 물권변동(change of a real right)