제3자 이의의 소 불행사와 실권효의 제재

• 발행기관: 한국민사소송법학회
• 저자명: 오시영
• 간행물 정보: 『민사소송』제12권 제2호, 172~199쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.11.30

영문 초록

The party who has right can lose their right due to another personʼs acquirement of prescription, acquisition of the good faith and the rule to protect the third partysʼ good faith according to substantial law. Due to the effect of judgement and the loss of right for attack in proceeding law, the real rightful person can lose his right. I suggest that substantial and proceeding law should be understood comprehensively in accordance to the third partysʼ demurrer and the party who doesnʼt have the lawsuit of the third partysʼ demurrer be robbed of their right by restriction of administration law. It is proper to accept public trust of registration since computerized registration is common. It is desirable that public officials be given substantial rights through the introduction of an authentic system for processing registration papers. Therefore, it is right for him to have the acquisition effects if the buyer has possession by paying for it at auction. I think the party who lose their real right should reimburse damages received illegally from the debtor or creditor.

목차

Ⅰ. 서론

Ⅱ. 포괄적 해석의 필요성

Ⅲ. 결 론

참고문헌

키워드

제3자이의의 소 집행법상제재 등기의 공신력 경락인 소유권 부당이득반환 실권효 the lawsuit of the third partysʼ demurrer restriction of administration law public trust of registration buyer possession reimburse damages received illegally the effect of lose oneʼ s right