Earticle

초록

영어

Civil code article 1 means that in terms of judgement, the judge first applies the statutory law, which is the existence form of law, and if no statutory law exists, the judge builds the law proposition through the unwritten civil law: Customary law·Nature of things as the law’s basis of recognition to judge. Nature of things forms the unwritten civil law through the developmental serial relation with common law·precedents. Nowadays it is adequate to entrust representative body such as the city council or the national assembly for debate and vote than the judge declares Customary law through the judgement, therefore Customary law’s importance as the source of law isn’t what it used to be, and now it should be explained not the existence form of law but the law’s basis of recognition. The Nature of things indicates the nature of legally proposed things that is shown in the judgement, the logic as the source of law in the civil code article 1 becomes the source of the positive law about the precedent’s source of law. Among those precedents, the supreme court’s precedents, which clearly show the law proposition that will be continuously applied to the same issue, pass over the general status, and acquire the status of the case law. The supreme court precedents, which are court organization act article 7 clause 1 condition no.3 ’opinion about interpretation application of rule or constitution·law·order that are previously judged in the supreme court’ & the exemption law about trial on an appeal article 4 clause 1 condition no.3 ‘when the original verdict about law·order·rule or measure is interpreted differently than the supreme court precedent’, mean that.

목차

Ⅰ. 序
 Ⅱ. 민법 제1조 法源의 의미
 Ⅲ. 관습법의 法源으로서 중요성
 Ⅳ. 條理, 判例, 判例法
 Ⅴ. 結
 참고문헌
 Abstract

키워드

저자

• 황태윤 [ Hwang Tae Yoon | 전북대학교 법학전문대학원 교수 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  동북아법연구 [Northeast Asian law journal]

• 간기

  연3회

• pISSN

  1976-5037

• 수록기간

  2007~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 369 DDC 341