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ID 49257
file
title alternative
Development of the Theory of the Transfer of Immovables in Korean Civil Law(1): The Enforcement of Formalism and Beyond
creator
KIM, Min-ju
abstract
The right to property is the most important right for people everywhere. Under the Korean civil law enacted in 1960, when transferring immovable items by legal acts like a contract, it is necessary to register the transfer to take effect (Article 186). This approach is referred to as formalism and is characterized by the principle of requisite of effect, compared with the principle of requisite of counteraction and principle of intention. These principles have the merit of clarifying the timing of the transfer of real rights and the pursuit of protection of safe transactions.
This article deals with the theoretical and practical problems about the transfer of immovables in Korean civil law and provides useful information as a legislative model changed from the principle of intention and the principle of requisite of counteraction to formalism and the principle of requisite of effect.
journal title
The Hiroshima Law Journal
volume
Volume 43
issue
Issue 4
start page
186
end page
167
date of issued
2020-03-17
publisher
広島大学法学会
issn
0386-5010
ncid
language
jpn
nii type
Departmental Bulletin Paper
HU type
Departmental Bulletin Papers
DCMI type
text
format
application/pdf
text version
publisher
rights
許可なく複製・転載することを禁じる
department
Graduate School of Social Sciences
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