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The inheritance policies have developed with historical and sociological backgrounds. As the society has developed from the traditional patriarchal systeminto the modern industrial society, the family-focused community in the past has been dissolved and individuals have been freed from the community. Also,the concept of property of family has ceased to exist, and all the properties substantially became to belong to individuals. In spite of this fact, as prescribed by Article No. 1005 and Item No. 2 of Article No. 1026 of the Civil Law of Korea, simple recognition of inheritance is regarded as the principle. However, in the society with individualism, rights orobligations can’t be compulsorily inherited to individuals while neglecting their free will and intention. Thus, the natural comprehend succession by inheritance is also limited according to an individual’s opinion, and this established the limited recognition and waiver policy. When the limited recognition policy is executed, the inherited property of individuals and their own property areseparated, and their own property is protected from any liabilities even if the inherited property has more liabilities than assets. Also, when the policy is compared with the waiver policy, which protects the successor’s property regardless of the liabilities of the inherited property, if there are more assets than liabilities after liquidation, the successor will be left with the assets while the releaser should also waiver the assets left if he/she executed the waiver policy of inheritance. Thus, the limited recognition policy has the merit that the excessive assets will be naturally left to the successor and is regarded as a useful policy. Hence, the limited recognition policy can be regarded to conform to the original purpose of inheritance of property, and the existing Civil Law that prescribes the simple recognition as the principle should revised to prescribe the limited recognition policy as the principle instead and to make the policies of simple recognition and waiver to be applied on exceptional cases.

The copyright system has made changes to new technologies and works, by establishing new objects to be protected, adding rights and so on. It is occurrence of digital copyrighted works based on digital technology that is most remarkable change in the present copyright system. The digital copyrighted works are all the works that can be used as digitalized from existing or new works, which normally have a form of database or can be included in a CD-ROM. Although the copyright infringement through Internet is also an illegal activity by Civil Law, the holders of the right as an intangible property right have difficulty in proving damage caused by the infringement. The Copyright Act of Korea has thus provisions on the relief of the burden of proof of the holders in Articles 125 and 126. However, it is still being considered to be difficult to prove actual damages by copyright infringement, and, what is worse, even if compensatory damages by the infringement are calculated, the amount calculated is such insignificant that it is an ineffective way to prevent pirates from infringing on copyright. Here, the ‘enforcement of Intellectual Property’ of KORUS FTA will bring about a big change to the damages calculation of copyright infringement litigations in Korea; that is about statutory damages. The United States also has special articles of the Copyright Act like Korea, and the statutory damages are most conspicuous. The first requirement for statutory damages is that an infringed work should be a registered one. There are three levels of pre-established damages: willfulness warrants the increase, innocence the decrease, and all the other cases are computed according to the standard measure. Once the verdict of damages is made, a plaintiff cannot select freely statutory damages. Regardless of the number of infringement, statutory damages should be calculated by the number of infringed works which are numbered by their registration. The Korean Copyright Act has had provisons on the presumption of the number of infringing copies since its enactment. The current Korean Copyright Act stipulates in Article 126 that the court may calculate damages, based on a purpose of proceedings and results from evidence examination, if the parties do not submit enough evidence to calculate damages. These institutions are quite different from the statutory damages but can be a good start as a linkage to the statutory damages. On such ground, the feasibility of introduction of the US Statutory Damages as an alternative has been reviewed.

This paper contains the misrepresentation in America law, especially the classification of the misrepresentation. First, the concept of the misrepresentation is explained in which the misrepresentation means a false statement of fact made by on party to another party, which had the effect of inducing that party into the contract. Second, the condition of misrepresentation is suggested in detail; a false statement of fact has been made, the statement was directed at the suing party and the statement had acted to induce the suing party to contract. Any others are presented; there is a different point between a statement of fact and a statement of law. As far as a statement of law is violated in law, the claim for damages exists. However the claim for damages don't appear because of the violation of a statement of law. Recently according to Lord Denning, the distinction between a statement of fact and a statement of law is very imaginary. Moreover, the learned falsity and an intented party to the misrepresentation are explained concerning the misrepresentation. Third, the classification of the misrepresentation is presented in detail; fraudulent misrepresentation, negligent misrepresentation, innocent misrepresentation. In addition, there is no clear distinction between innocent and culpable misrepresentations. Obviously, if a party ha actual knowledge that certain statements are untrue, his misrepresentation cannot be regarded as innocent. Finally, above mentioned contents are summarized concisely. The misrepresentation appear base on a false statement which is limited to only fact which exist now and in the past without in the future.

Bien que la notion de l’obligation naturelle ait fait l’objet des travaux doctrinaux extrêmement important pour entendre la nature de l’obligation, elle demeure obscure et controversée. La notion de l’obligation naturelle a son origine dans la obligatio naturalis du droit romain. Le juriste romain comprenait les obligations naturelles celles des esclaves, des fils de famille placés sous l’autorité de leur père ou des des pupilles agissant seuls ; de même l’obligation du bénéficiaire d’une absolute injuste dans un procès ; peut-être, bien que le point soit discuté dans Gemeine Recht en Allemagne, considerait-on comme des obligations naturelles celles qui dérivaient de simple pactes, intervenu hors des formes nécessaires à la validité de veritables obligations civiles. En droit ramain, on tend à reconnaître ses effets étendu : la validité de l’exécution volontaire excluant toute répétion(le refus de condictio indebiti), la possibilité de novation en obligation civile par un engagement d’exécuter, la possibilité de constituer des sûretés garantissant l’exécution, et la possibilité d’opposer la compensation ou d’execer le droit de rétention sur le fondement d’une obligation naturelle. En Corée, la écrasante majorité des érudites reconnaissent une éxistence de l’obligation naturelle, mais la minorité de celles s’opposant à la notion de l’obligation naturelle, pretend que cette notion perturbe l’ordre juridique positif. Toutfois aussi les avis affirmatifs sont divesés en quatre positions. Mais il n’y a, en fait, pas de discussion sur la nature de l’obligation naturelle. Je estime que la discode des avis sur les types et les effets de l'obligation naturelle resulte de l’absence des profondes discussions sur la nature de l’obligation naturelle. Donc je suppose ① l’existence de l’obligation dans substantiel lien juridique et ② une privation de la puissance d’reclamer une action en juridique pour corriger cette confusion des avis et essayer moderne révision de la notion de l’obligation naturelle. En somme, je extrais cinq types qui sont coïncidents avec la présuppositions ci-dessus parmi les nombreuse types controversés en notre droit civil ci-dessous. ① une obligation dans le lien juridique établi par le consentement de ne pas poursuivre, ② une obligation à l’occassion de perdu un procès bien que l’obligation valable existe, ③ une obligation à l’occassion de atteinte par la prescription extinctive, ④ une obligation à l’occassion de retirer une plainte après le créancier gagne, ⑤ en Droit unifié de la banqueroute, l’obligation à l’occassion de passer délai de la déclaration ou la réclamation. A l’égard de son effet, On parlera généralement ci-dessous. ① Celui qui exécute volontairement une obligation naturelle n’est pas admis à se faire restituer sa prestation. ② L’exécution ou la promesse d’exécution de la obligation naturelle ne constitue pas, en principe, de donation. ③ L’obligation naturelle a fait l’objet du cautionnement, la compensation et la novation. Particulièrement je considère la compensation comme effet générale de tout les obligations naturelles qui sont admis dans cette thèse. L’obligation naturelle se situe dans une domaine intermédiaire entre le droit et la morale, alors elles ont une tendance à se confondre avec un devoir de la conscience ou la morale. Ce caractère hybride de l’obligation naturelle, revendiquée par le droit et la morale, rend très délicate son insertion dans notre ordre juridique. De tout façon, l’obligation naturelle est une obligation juridique. Donc bien que les catégories des types ne soit pas vastes tellement, je étends les catégories des effets de l’obligation naturelle. Je seulement espère la notion de l’obligation naturelle devenir l’instrument utile pour préciser la frontière du droit et de la morale en notre droit civil.

The temporary custody measures means protecting children temporarily by separating parents and child in emergency situations where the safety is in danger and it is a short-term measures that can be made against the decision of the person with parental right. This may disturb the rights of a person with parental right or fosterer and the situation of the parents strongly demanding to hand over the abused child by insisting on parental right is created. Therefore, a temporary custody measures must be made only in urgent cases where a serious injury can be inflicted on the child if parents and child is not separated except for cases of having consent from a person with parental right, and so on. And it is desirable to shorten the time period as much as possible for the welfare of child. Like the emergency custody system adopted by Juvenile Law of United Kingdom, deciding the requirements, time period, and responsibility of supervisor, etc specifically would also become an important legal device. Also, the dispute of Japan concerning restriction of visits and communication of abusive parent on the abused child during temporary custody period seems like an issue which must be seriously considered and solved even in our law. Meanwhile, the most crucial thing as an improvement plan of temporary custody system is the fact that a system to make decisions in the aspect called the welfare of children has to be prepared by the intervention of the court having guarding and supervising functions even for the fostering of the child under temporary custody like in Germany, United Kingdom and U.S.A. But because temporary custody is an measures made in emergency situations where a serious damage on life and physical body of the child, it isn't easy to request a prearranged participation of the court and its effectiveness can also become a problem. But in the standpoint of guaranteeing legal procedure and according to the object of children's rights agreement, an ex post facto approval of the court has to be obtained as soon as possible after the temporary custody measures. When a person with parental right or fosterer raises objection and requests to hand over the child after the temporary custody measures is made, it is desirable to make decisions by judging the present condition or situation of the child and abusive parents. In other words, in case of deciding that a danger toward the welfare of child will not be caused and there is no concern of abuse or mistreatment because the fosterer has made enough improvement, the child has to be sent to the original home after ending the custody and guidance. On the other hand, when it has been decided that there is concern of abuse being recurred or welfare of child being disturbed if sent back home, the temporary custody has to be continued by getting the approval of family court. A supportive system in which the management and supervision on the child continues until a long-term protective measure is taken for the safe protection of the child or for the child to return home safely like in the United States has a high value for import even seen from the welfare aspect of the child. And once a certain action is taken by the court, restricting the fostering rights of the parent during that time and an applicant or a suitable person taking care of the child by having the fostering rights like in United Kingdom would have to be solved by legislation. At this time, the regulations based on civil law must be prepared like in Germany while restricting parental authority or fostering rights. Based on this facts, the court would have to decide on assuming various methods of restricting parental authority considering various specific situations in general from the cases in which the welfare of child is disturbed. At least while an abused child is getting the temporary custody arrangement, it is desirable to consider the head of child custody specialized agency or child welfare facility that has received authorization from mayor or governor as having certain authority related to the details on fostering of the child.

Forced auctions based on the executory title of debt under the Civil Execution Act and auctions for exercising a security right (optional auction) are called substantial auctions in the sense that they are executed by creditors in order to satisfy the creditors’ claim, and auctions for the price compensation or liquidation of properties are called formal auctions. With regard to formal auctions, Article 274 of the Civil Execution Act stipulates that auctions by a lien and those according to the Civil Code, the Commercial Law, and other relevant laws shall be executed according to the cases of auctions for the exercise of a security right. In general, auctions according to what is stipulated by the Civil Code, the Commercial Law, and other relevant laws are called formal auctions in a narrow sense, and these auctions plus auctions by a lien are called formal auctions in a broad sense. It is questionable, however, whether it is an interpretation of law adapted for the information society of the 21st century that, while the legal nature of a lien is considered a statutory lien, it is regarded as an auction for realization, namely, a kind of formal auction rather than an auction for exercising a security right. That is, as the paradigm on the institutional purpose of lien regulating the social condition of the 1950s and 1960s has been changed, we need new interpretations and theories adapted for the institutional function of lien regulating the information society of the 21st century. With regard to delayed payment for construction due to unsold units, etc., the ultimate goal of creditors such as constructors who occupy the construction site and claim a lien as a means of getting payment for the construction contract is to get the liquidation of claims on the corresponding construction. Accordingly, if an auction applied by a lienor has to be included in the category of formal auctions, it cannot be regarded as a formal auction for encashment in a pure sense, and should be regarded as a formal auction for the liquidation of the object property like an auction applied for selling inherited properties in order for a qualified acceptor to repay to an obligee of the person succeeded to or the person to receive the bequest (Article 1037 of the Civil Code). Among the procedural issues related to real estate auctions by a lien, first, application for a real estate auction by a lien requires the attachment of objective evidence for the claim secured, and with regard to this, it is necessary to improve the system by adapting the procedure of provisional attachment. That is, it is necessary to prepare for delayed processing and to secure objectivity and transparency by getting the court’s prompt decision on the existence and scope of lien through the procedure of provisional attachment and attaching the decision to the application for real estate auction by the lien. Second, it is considered an interpretation adapted for the nature of a lien as a real right to see that the lienor’s right ceases to exist on receiving an adequate amount of dividend at his turn. Third, it is considered possible for other security right holders and creditors with the right to obtain preferential satisfaction to claim a dividend in auction procedure applied by a lienor. Summing up, liens in the 1960s, which expected that lienors’ object of security would be a movable property or a small amount of property, has been changed considerably due to the claim of lien in which the claim secured is payment for construction due to recent unsold units, etc. The core of change in the paradigm of the legal nature of lien reflecting such a change in the pattern of claiming a lien is securing the real right of lien in real estate auctions adapted for the system of the Law of Property in the Civil Code.

Title analysis should be done according to 'registry of real estate' (1st right analysis) and 'land use planning' followed by field investigation of the actual place (2nd right analysis). One can freely make a bid for the real estate if the immovable property is under provisional seizure or hypothec or hypothec provisional registration as they are the right of obliteration according to oust system in civil affairs law. But, one should not apply for the real estate if the immovables are under provisional injunction or provisional registration or advance notice as they are apt to right forfeiture. The right of lease of house on a deposit basis can be the right of obliteration only if the right is for whole house and the 1st priority and claims allotment. But the deposit bond can not be the right of right obliteration even if is fixed date and 1st priority. The registered right of lease of 1st priority can be the right of obliteration when the deposited money is repayed.