기화주제(企畵主題)(민법학(民法學)의 과제(課題)) ; 부동산 유치권의 문제점과 개정안에 대한 검토 = Articles for General Subject ; Review of Problems of Lien in Real Estate and Proposed Amendment of Civil Law

다국어 초록 (Multilingual Abstract)

The Korean Civil Code grants the possessory lien to certain types of creditors. According to the Code. the creditor has a right to remain in possession of the property under the lien until the debtor has satisfied his or her debt. The possessory lien on an immovable. However, has been criticized for its adverse aspects. A lien was initially developed from the right of ``exceptio doli`` according to Roman Law to realize the fairness doctrine between two parties as a legal right granted by a way of security in the case where a person who occupies another``s possession can refuse the right to return it until he/she is fully reimbursed for the bonds that they are entitled to related to the possession that they hold. Article 320 (1) of the Korean Civil Code that defines lien as one of the statutory real right granted by way of security requires expresses the connection-relation between a establishment as a claim arising with respect claim and subject matter applicable as an essential condition to determine its a thing or marketable securities and it leaves the issue of what claim would be applicable to the secured claim of the lien for the academic treaties and cases to cause conflicting opinions. Therefore, buyer is the fact that cannot but collide with a lienor consisting of only the possession without the registration each other because the lienor does not say the formation right or wrong of the lien to the person who is going to do. The civil law takes the situation protecting the cover security credit of the lien to break a principle of the creditor equality by constituting a lien in legal right of the mortgagee relative to the credit of other creditors again; there is it. I explained about the main contents of Lien System and dealt with the important contents and present state of Lien System in Suisse. France and Germany Civil Law and suggested especially the problems and improvements in connection with the Possession and Use of the object of Lien in Korea Civil Law.