물권법 개정의 몇 가지 쟁점에 관한 관견(管見)- 사회변화와 특별법을 고려하여 -

초록

Since the summer of 2023, the Ministry of Justice has been working on revising the Civil Code by forming a Civil Code Revision Committee. Recently, a draft of the Contract Act was released to the public and is currently under public comment, and it is known that the Collateral Act is being revised internally. About two years earlier, the Korean Civil Law Association formed a Civil Law Revision Review Committee centered on the Korean Civil Law Association to organize and discuss the issues of civil law revision in each field. This article expresses my personal opinions on the issues that are likely to be discussed in the future revision of the Civil Code in the field of property law. In summary, the current dualistic system of property/contract laws should be maintained, but for many special acts that conflict with the principles of the civil code or are questionable, it is necessary to first examine whether the content of the special acts should be amended, whether the content of the civil code should be amended, or whether there is anything in customary law that should be codified. In addition, while the Pandekten system (composed of general and specific rules) of property law was maintained, the six types of restricted real-rights were examined to see if there were any areas that were controversial in current practice or did not contribute to the resolution of disputes. In this regard, the author has tried not to forget that our society and jurisprudence at the time of the 1958 codification were influenced by the limitations of the feudal society and (academically) the beginning years of Western jurisprudence reception of Japan in 1896, and, going back further, by the limitations of the pre-industrial agrarian society of France in 1804.

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