Earticle

초록

영어

In this paper I describe the main topics of juridical act of real rights in chinese civil law. Since Property Law of the People's Republic of China was promulgated on March 16, 2007 and came into effect from October 1 of the same year, there has been several research on this field, but are still in its early stage and as such，is only a special feature of its legislation process or general survey of its contents. This paper calls attention to the central problems as to so-called juridical act of real rights and real rights transfer system, which are the most important in the general provisions of the real rights part in the civil code.
After a brief introduction, I deal with a broad question: theory of concept of the juristic act of real rights and its principles of independence and abstraction.
To begin with，this theory of concept of the juristic act of real rights and its principle of independence and abstraction，which is derived primarily from Savigny and german civil law, are very controversial question of whether it can be admitted in China. Though its strength and legitimation ground，emphasizing its function of protecting safety of transaction, but the property law will finally not deny this attitude. Still the property law provides the principle of distinction between the result of property rights and its causal acts(articles 15 of the property law). More study, is needed, about its related institution, such as, unjustified enrichment and bona fide acquisition etc.

목차

Ⅰ. 서론
 Ⅱ. 물권행위개념의 기원
 Ⅱ. 물권행위이론의 구성
  1. 분리원칙
  2. 추상원칙
  3. 물권행위와 공시방법
  4. 중국 법학계의 물권행위 이론에 대한 평가
 Ⅳ. 중국에서의 물권행위이론에 대한 논의
  1. 물권행위이론의 채용에 대한 논의
  2. 물권행위 무인성 이론에 대한 논의
  3. 代案으로서의 絶對物權行爲 이론
  4. 소결
 Ⅴ. 결론
 [참고문헌]
 

키워드

저자

• 황영섭 [ Hwang，Young-Seob | 동국대학교 일반대학원 법학과 박사과정(민사법 전공) ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  비교법연구 [The Journal of Comparative Law]

• 간기

  연3회

• pISSN

  1598-3285

• 수록기간

  2000~2026

• 십진분류

  KDC 360 DDC 340