廣島法學 43巻 4号
2020-03-17 発行

韓国民法における不動産の物権変動論の展開(一) : 形式主義の採用とその後

Development of the Theory of the Transfer of Immovables in Korean Civil Law(1): The Enforcement of Formalism and Beyond
金 旼姝
本文ファイル
抄録
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.
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