송덕수 교수의 “명의신탁된 부동산을 명의수탁자가 처분한 경우의 법률관계: 명의신탁 유형에 관한 논의를 포함하여”에 관한 평석

초록

This paper aims at understanding Professor Tuck Soo Song’s academic performance, scholarly attitude and academic legacy left to academically younger generations by analyzing his article, “legal relations in the case of a nominal trustee disposing of trusted real estate: including studying various types of nominal trusts”, published by Ewha Law Journal vol 19 no. 1, in September 2014 so as to contribute to his retirement ceremonial publication of Ewha Law Journal. This paper shows how his world view or value permeates his article analyzed here, as it is more common in legal research works than any other social science, because legal research tends to be influenced by researchers’ world view or value view. This paper confirms that the analyzed article is an evidence that he has sought to interpret various provisions and legal tools in Korean civil code in accordance to whole codification system of the civil code as well as to their literal meaning. This paper evaluates as well that he sought to interpret nominal trusts of realties according to the law of expression of intention and its interpretation before the legislation of Act on the Registration of Real Estate under Actual Titleholder’s Name, whereas, since the mentions legislation, he has sought to interpret the Act faithfully to the literal meaning of the legal provisions. This paper makes much of it that his interpretation method and scholarly attitude importantly contribute to the consolidation of civil law lawyers’ theories. But this paper makes a point that, whereas he is of the generation who were academically trained and brought up during 1970s, new generations, who have faced radically changed points of social value view and complicated and complex conflicts of interest prevailing in the society since trend of globalization starting from 1995, need to reflect more serious whether his academic approach and interpretation method can apply to current society. From this perspective, this paper analyzed some cases which were dealt with in Professor Song’s article in depth.

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