중국 물권법상 부동산의 선의취득에 대한 고찰 (Study on the Bona Fide Purchase of Real Estate of Property Law in China)

서지정보

· 발행기관 : 한국재산법학회
· 수록지 정보 : 재산법연구 / 25권 / 2호 / 77 ~ 102페이지
· 저자명 : 장석천

초록

Since the advocacy of national reform and open-door policy, China has faced inevitable needs to enact laws of realty including private right of property in order to support activities of market economy even under the socialistic regime. As a result, the Property Law in China was enacted on March 16, 2007 despite serious controversies about it, and has been enforced from October 2007 on. Here, it is reasonably expected that such legislation will have great effects on the right to use business site, the effectiveness of real rights granted by way of security and more, which are all actually major business interests related to many overseas companies advancing and operating in Chinese market.
With regard to many potential issues concerning the Property Law in China - such as realty ownership, effectiveness of real rights granted by way of security and realty registration system - which Korean companies and entrepreneurs may face during their brisk business activities in China, this study aims to examine so called ‘Acquisition in Good Faith' of real estate which is not stipulated at all in the Property Law in Korean , so that it can help extend comprehension about the acquisition in good faith of real estate stipulated in the Property Law in China and thereby contribute to overseas business activities of Korean companies and entrepreneurs in China. In order to meet these goals, this study first discusses the historical backgrounds about acquisition in good faith of real estate and related legislations as well as questions involved therewith, and then come to certain conclusion along with solutions.
Conclusively, this study expects to make full comprehensions about the Property Law in China as one of axes to establish and consolidate socialistic market economy system advocated by modern Chinese national reform and open-door policy, and give a helpful reference material for the active business activities of Korean companies and entrepreneurs as well as overseas companies in China.

영어초록

Since the advocacy of national reform and open-door policy, China has faced inevitable needs to enact laws of realty including private right of property in order to support activities of market economy even under the socialistic regime. As a result, the Property Law in China was enacted on March 16, 2007 despite serious controversies about it, and has been enforced from October 2007 on. Here, it is reasonably expected that such legislation will have great effects on the right to use business site, the effectiveness of real rights granted by way of security and more, which are all actually major business interests related to many overseas companies advancing and operating in Chinese market.
With regard to many potential issues concerning the Property Law in China - such as realty ownership, effectiveness of real rights granted by way of security and realty registration system - which Korean companies and entrepreneurs may face during their brisk business activities in China, this study aims to examine so called ‘Acquisition in Good Faith' of real estate which is not stipulated at all in the Property Law in Korean , so that it can help extend comprehension about the acquisition in good faith of real estate stipulated in the Property Law in China and thereby contribute to overseas business activities of Korean companies and entrepreneurs in China. In order to meet these goals, this study first discusses the historical backgrounds about acquisition in good faith of real estate and related legislations as well as questions involved therewith, and then come to certain conclusion along with solutions.
Conclusively, this study expects to make full comprehensions about the Property Law in China as one of axes to establish and consolidate socialistic market economy system advocated by modern Chinese national reform and open-door policy, and give a helpful reference material for the active business activities of Korean companies and entrepreneurs as well as overseas companies in China.

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