남북한 법률행위의 차이점 (The Difference in Juristic Act between South and North Korea)

서지정보

· 발행기관 : 단국대학교 법학연구소
· 수록지 정보 : 법학논총 / 35권 / 1호 / 341 ~ 370페이지
· 저자명 : 김영규

초록

The effect of the property relation in the capitalistic system, which the private property system is the frame, is to come out, mainly originated from juristic act which is a legal expression of individuals’ liberty in the civil law. Here, which supports the freedom and originality of the party, whom performs the juristic act,is the principle of liberty of the legal action. So, the recognition or rejection becomes the standard for classifying the civil law of North Korea which is the socialistic civil law and ou civil law which is a capitalistic civil law.
Especially, the followings show the differences between South and North Korean civil laws’ juristic acts.
1. North Korean civil law, different from ours, has definition provisions about the concept of juristic act. What it requires about the condition of the juristic act’s effect is that it is not to be out of the national law and the socialistic norm of life. The civil law of North Korea prescribes actions which offenses it as causes to be irritant, emphasizing the political belief,different from the cause of irritancy of our civil law.
2. North Korean civil law shows differences from ours about the agent system such as that North Korean civil law invariably requires the person of legal capacity about the capacity of the agent and also that North Korean civil law doesn’t have subagent and apparent representation.
3. A prescription about nullity and revocation of juristic act, like partial nullity, conversion of vold act, ratification of void act, voluntary ratification and legal ratification in our civil law, isn’t stipulated in North Korean civil law. And different from ours, the civil law of North Korea provides 2 month towards the lapse of right of voidance which is too short.
4. In the case of performance of illegal cause, different from ours, North Korean civil law has it belong to the national finance, not claim for recapture.
The differences between South Korea’s civil law and North Korean above are showing the limit of the establishment of the civil law of the united Korea which has to have free democracy and principle of private autonomy as the basic rule.

영어초록

The effect of the property relation in the capitalistic system, which the private property system is the frame, is to come out, mainly originated from juristic act which is a legal expression of individuals’ liberty in the civil law. Here, which supports the freedom and originality of the party, whom performs the juristic act,is the principle of liberty of the legal action. So, the recognition or rejection becomes the standard for classifying the civil law of North Korea which is the socialistic civil law and ou civil law which is a capitalistic civil law.
Especially, the followings show the differences between South and North Korean civil laws’ juristic acts.
1. North Korean civil law, different from ours, has definition provisions about the concept of juristic act. What it requires about the condition of the juristic act’s effect is that it is not to be out of the national law and the socialistic norm of life. The civil law of North Korea prescribes actions which offenses it as causes to be irritant, emphasizing the political belief,different from the cause of irritancy of our civil law.
2. North Korean civil law shows differences from ours about the agent system such as that North Korean civil law invariably requires the person of legal capacity about the capacity of the agent and also that North Korean civil law doesn’t have subagent and apparent representation.
3. A prescription about nullity and revocation of juristic act, like partial nullity, conversion of vold act, ratification of void act, voluntary ratification and legal ratification in our civil law, isn’t stipulated in North Korean civil law. And different from ours, the civil law of North Korea provides 2 month towards the lapse of right of voidance which is too short.
4. In the case of performance of illegal cause, different from ours, North Korean civil law has it belong to the national finance, not claim for recapture.
The differences between South Korea’s civil law and North Korean above are showing the limit of the establishment of the civil law of the united Korea which has to have free democracy and principle of private autonomy as the basic rule.

참고자료

· 없음