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金相默 群山大學校 1986 論文集 Vol.13 No.-
Ⅰ. Introduction Ⅱ. Three Fundamental Principles (1) The Principle of the Absolute Private Property (2) The Principle of Free Contract. (3) The Principle of Liability on Fault. Ⅲ. The Practical Principles (1) The Principle of Faith and Sincerity (2) The Principle of Prohibition from the Abuse of Right (3) The Principle of the Social Order. (4) The Principle of the Safety Transactions. Ⅳ. The Highest Principles (1) Individualism (2) The Principles of Public Welfare Ⅴ. The Revised Principles (1) The Reason of an Amendment on Three Fundamental Principles. (2) An Amendment on the Principle of the Absolute Private Property. (3) An Amendment on the Principle of the Free Contract (4) An Amendment on the Principle of the Liability on Fault. Ⅵ. Conclusion We studied on the principles of the modern civil law, in chapter Ⅱ, Ⅲ and Ⅳ. They contributed, very much, to the social and economical development of capitalistic society. But they are required to be criticized and corrected in many respects. It is the reason that as the high growth of capitalism economy resulted in various social and economic changes. We must not neglect that point. Therefore they must be revised as if in chapter Ⅴ.
金相默 군산대학교 1987 論文集 Vol.14 No.-
I.The Point on Juristic Acts for a Real Right II.Relation between the Registration and Juristic Acts for a Real Right (1)Theories (2)A Private Opinion III.Individuality of Juristic Acts for a Real Right (1)The Concept of Individuality (2)Theories and Judicial Precedent (3)A Private Opinion IV.Abstraktion」 of Juristic Acts for a Real Right (1)The Concept of 「Abstraktion」 (2)Theories and Judicial Precedent (3)A Private Opinion V.Conculsion We studied on juristic acts for a real right in chapter II, III, and IV.Scholars, commonly, admit Individuality of juristic acts for a real right.Also scholars admit「Abstraktion」 of juristic acts for a real right.The writer also admitted the former in chapter III, but denied the latter in chapter IV.Even though admit the former, it always needs not admit the latter.Because it must be investigated in practical side, not theoretical side.Also it is the reason that it must be considered not only the safety of transactions but also a real safety.