일본 메이지민법(물권편 : 저당권의 효력 등)의 입법이유 (Comments on the Motives Codifying the Meiji Civil Code (Part II. Real Rights : Chapter X. Mortgages - Section 2. Effect of Mortgages etc.))

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초록

This article contains the full translation of reform motives of the MeijiCivil Code(the part of Real Rights), which are based on the texts editedby HIRONAKA Toshio, Minpō Shuseian (zensampen) no Riyūsho(Yuhikaku, 1987), and adds some comments from the viewpoints of theKorean lawyer.
Japan invited French law professor, Gustave Emile Boissonade, to teachlaw and help draft the new civil code, which was finished in 1890 andscheduled to take effect in 1893. This code, now referred to as the “OldCivil Code” in Japanese legal history, was eventually postponed and neverimplemented.
Although the Old Civil Code was suspended, Japan continued to draftits civil code. In 1898, a new civil code, so-called “Meiji Civil Code,” wasfinished. The Meiji Civil Code was modeled after the first draft of GermanCivil Code, which adopted Pandectist System. Nonetheless, the code wasbased on the Old Civil Code, and was greatly influenced by the Frenchlaw in terms of its substance.
After the implementation of the Meiji Civil Code, a debate over whatconstituted the “mother law” of Japanese civil code emerged within theacademic circles. The popular opinion at that time argued that theJapanese Civil Code was a legacy of German law. However, a minority ofexperts argued that the Civil Code could be traced to French law.
Korean Civil Code had its origins in German, French, Japan and othercountries laws, but it retained more features of German laws due to theacceptance of German legal theories.

영어초록

This article contains the full translation of reform motives of the MeijiCivil Code(the part of Real Rights), which are based on the texts editedby HIRONAKA Toshio, Minpō Shuseian (zensampen) no Riyūsho(Yuhikaku, 1987), and adds some comments from the viewpoints of theKorean lawyer.
Japan invited French law professor, Gustave Emile Boissonade, to teachlaw and help draft the new civil code, which was finished in 1890 andscheduled to take effect in 1893. This code, now referred to as the “OldCivil Code” in Japanese legal history, was eventually postponed and neverimplemented.
Although the Old Civil Code was suspended, Japan continued to draftits civil code. In 1898, a new civil code, so-called “Meiji Civil Code,” wasfinished. The Meiji Civil Code was modeled after the first draft of GermanCivil Code, which adopted Pandectist System. Nonetheless, the code wasbased on the Old Civil Code, and was greatly influenced by the Frenchlaw in terms of its substance.
After the implementation of the Meiji Civil Code, a debate over whatconstituted the “mother law” of Japanese civil code emerged within theacademic circles. The popular opinion at that time argued that theJapanese Civil Code was a legacy of German law. However, a minority ofexperts argued that the Civil Code could be traced to French law.
Korean Civil Code had its origins in German, French, Japan and othercountries laws, but it retained more features of German laws due to theacceptance of German legal theories.

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