북한 민법의 변천과 특징

• 영문명: The Transition and Traits of The Civil Law of North Korea -For seeking of implications in integration work between the Civil Law of South and North Korea-
• 발행기관: 충북대학교 법학연구소
• 저자명: 김영규(Kim, Youngkyu)
• 간행물 정보: 『법학연구』第28卷 第1號, 303~331쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2017.06.30

영문 초록

This paper has a purpose to search hints which are helpful to the merger of Civil Law between South Korea and North Korea after the unification of both, therefore, firstly it is needed to give a conspectus about transitions of previous civil law before the establishment of the formal civil law of North Korea. And secondly it is required to scan the main points and back grounds of the amendments of General Provisions, Real Rights and Claims in transitions of civil law which had been revised 3 times until 2007 since North Korea civil law was established in 1990. Lastly the helpful points for the unification of civil law between South Korea and North Korea should be caught through the traits which are shown in the transitions of North Korea civil law. The civil law which was used during Japanese invasion was abolished when North Korea started their own governance, and typical civil law was replaced by logical sequence till civil law was established in 1990. The unique traits of North Korea civil law are following; firstly cutting off Japanese civil law, secondly the consolidated elements of inheritance of civil law from old USSR and Chinese civil law, and North Korea’s own factors, thirdly the gradual transition of private status, and easy to understand of legal terms, fourthly escalated discrepancy between the law and the realities, fifthly slowdown of reign by a person.

목차

Ⅰ. 서론

Ⅱ. 북한 민법의 제정 이전 북한 민사법의 변천

Ⅲ. 북한 민법의 제정과 개정

Ⅳ. 북한 민법의 변천의 특징과 남북한 민법통합에 주는 시사점

Ⅴ. 결론

키워드

북한 민법(The Civil Law of North Korea) 형식적 민법(The Civil Act) 민법의 개정(sound reasoning) 조리 통일 민법(Unified Civil Law) 경과규정(transitional provisions)