物權行에 關하여 = On Juristic Acts Affecting a Real Right

다국어 초록 (Multilingual Abstract)

The civil law now in force has abondoned the principle of "declaration of intention" and instead holds "formalism" concerning the change in a real right. The law, however, fails to define the concepts and nature of juristic acts affecting a real right and consequently evokes controversy about the relation between abligatory rights and real rights.
In this paper, the writer attempts to deal with the various theories as to the dependence of effect on cause and the effectuality of credit in real right. Also examined here are the background and the processes of foreign legislation about a real right, in contrast with the law making in Korea.
The views of foreign scholars, too, were contrasted with those of Korean jurists as to the effectuality of obligations or credit as a cause of the changes in a real right.
Finally, the writer argues the difficulty of accepting, theoretically and practically, the unassoilability of a real right against obbigatory right and tries to back his theory with quotations of other scholars, with his own data, and with the criticism of the opposite theories.

목차 (Table of Contents)

• 一, 序 言
• 二, 物權變動에 關한 立法例
• 三, 學說 槪觀
• 四, 各學說에 對한 批判과 私見
• 五, 結 語