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학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
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연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
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In comparison with the introduced civil code, the enacted civil code has gotten a fruitful outcome. It has legislatively solved various problems with the introduced civil code and has defined many terms and expressions, whereinto the results of erstwhile studies have been fed. However, the Korean War interrupted procedural processes for legislation, and moreover relevant materials disappeared. In some cases, unventilated agendas bred misunderstanding and also were reflected in the civil code without resolutions, which is caused by the urgency to South Korean’s own civil code.
Such problems summarized in relation to procedural processes, as in the following: First, some articles were not in conformity with the compilation guidelines on the civil code, which is against Article 9 of Regulations of Civil Code Compilation Committee whether it was intentional or not. Second, the draft of the civil code, grounded on that of Manchu state, bred misunderstandings due to misinterpretation or misapprehension. Third, the Civil Code Review Subcommittee dealt with many articles without consistent standards, and did not correct detected problems. Lastly, the Civil Code Review Subcommittee reviewed ‘Property Act’ in the draft of the civil code, came up with the amendment, and pointed out many problems by presenting the opinion on the civil code. Nevertheless, the opinion was not reflected in the civil code.
The foregoing problems may not be closely relevant to legislative decisions or political judgments, and besides there are very few cases of practical application. Otherwise, they may be applied to actual cases without special problems as they have been amended with the advancement of proper theories. However, what should not be overlooked is that a legislator is to make more clear and accessible laws. Accordingly, it is advisable to amend the civil code in order for it to be more valid, inclusive of minor problems.
Such problems summarized in relation to procedural processes, as in the following: First, some articles were not in conformity with the compilation guidelines on the civil code, which is against Article 9 of Regulations of Civil Code Compilation Committee whether it was intentional or not. Second, the draft of the civil code, grounded on that of Manchu state, bred misunderstandings due to misinterpretation or misapprehension. Third, the Civil Code Review Subcommittee dealt with many articles without consistent standards, and did not correct detected problems. Lastly, the Civil Code Review Subcommittee reviewed ‘Property Act’ in the draft of the civil code, came up with the amendment, and pointed out many problems by presenting the opinion on the civil code. Nevertheless, the opinion was not reflected in the civil code.
The foregoing problems may not be closely relevant to legislative decisions or political judgments, and besides there are very few cases of practical application. Otherwise, they may be applied to actual cases without special problems as they have been amended with the advancement of proper theories. However, what should not be overlooked is that a legislator is to make more clear and accessible laws. Accordingly, it is advisable to amend the civil code in order for it to be more valid, inclusive of minor problems.
목차
Ⅰ. 서설
Ⅱ. 현행 민법의 제정과정
Ⅲ. 민법 제정과정 중에 발생한 문제점
Ⅳ. 결어
참고문헌
〈Abstract〉
참고문헌 (77)
참고문헌 신청
1. [학술대회논문] - 김대정 / 2010 / 법인법개정안 해설 / 법인ㆍ시효제도 개선을 위한 민법개정안 공청회
4. [단행본] - 양창수 / 1991 / 민법안의 성립과정에 관한 소고 / 박영사
5. [단행본] - 양창수 / 1995 / 법전편찬위원총회의사록(초) / 박영사
6. [학술지(정기간행물)] - 이철송 / 2005 / 商法上의 立法錯誤의 是正을 위한 연구(1)- 商法總則ㆍ商行爲編을 중심으로 - / 비교사법 12 (4) : 1 ~ 25
7. [학술지(정기간행물)] - 이호정 / 1977 / 태아와 사인증여 / 고시계 22 (7)
4. [단행본] - 양창수 / 1991 / 민법안의 성립과정에 관한 소고 / 박영사
5. [단행본] - 양창수 / 1995 / 법전편찬위원총회의사록(초) / 박영사
6. [학술지(정기간행물)] - 이철송 / 2005 / 商法上의 立法錯誤의 是正을 위한 연구(1)- 商法總則ㆍ商行爲編을 중심으로 - / 비교사법 12 (4) : 1 ~ 25
7. [학술지(정기간행물)] - 이호정 / 1977 / 태아와 사인증여 / 고시계 22 (7)
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UCI(KEPA) : I410-ECN-0101-2013-360-001539102