일본 메이지민법(총칙편: 인·능력)의 입법이유 분석 (Comments on the Motives Codifying the Meiji Civil Code - General Part: Person, legal capacity -)

서지정보

· 발행기관 : 한국민사법학회
· 수록지 정보 : 민사법학 / 54권 / 1호 / 259 ~ 321페이지
· 저자명 : 박인환

초록

This article contains the translation of reform motives of the Meiji Civil Code(the general part, especially Person and legal capacity), which are based on the texts edited by Hironaka Toshio, Minpo syusean (zensanpan)no ryusyo(Yuhikaku, 1987), with some comments from the viewpoints of the Korean legal scholars, whose legislation has been widely influenced by the European legal tradition via the Japanese legal scholarship.
The purpose of this study is to better understand the Meiji Civil Code's Influence to the Korean Civil Code which was derived indrectly from European continental Civil codes. Because it is the basis to study the Korean Civil Code to explain the relationship between the Meiji Civil Code and Korean Cvil Code. For that purpose, the author conducts comparative and historical studies on the Korean Civil Code, the Meiji Civil Code,Japanese old Civil Code drafted by Boissonade, French Civil Code and German Civil Code(draft 1 or 2).
The provisions for person's legal status and legal capacity in the general part of Korean Civil Code have been influenced by mainly French Civil Code and partly German Civil Code(draft 1 or 2) via (japanese) Meiji Civil Code and Japanese old Civil Code drafted by Boissonade. Especially the two types of legal protection of incapable person, the system of incompetent person and quasi-incompetent person was derived from l'interdiction and conseil judiciaire the French Civil Code.

영어초록

This article contains the translation of reform motives of the Meiji Civil Code(the general part, especially Person and legal capacity), which are based on the texts edited by Hironaka Toshio, Minpo syusean (zensanpan)no ryusyo(Yuhikaku, 1987), with some comments from the viewpoints of the Korean legal scholars, whose legislation has been widely influenced by the European legal tradition via the Japanese legal scholarship.
The purpose of this study is to better understand the Meiji Civil Code's Influence to the Korean Civil Code which was derived indrectly from European continental Civil codes. Because it is the basis to study the Korean Civil Code to explain the relationship between the Meiji Civil Code and Korean Cvil Code. For that purpose, the author conducts comparative and historical studies on the Korean Civil Code, the Meiji Civil Code,Japanese old Civil Code drafted by Boissonade, French Civil Code and German Civil Code(draft 1 or 2).
The provisions for person's legal status and legal capacity in the general part of Korean Civil Code have been influenced by mainly French Civil Code and partly German Civil Code(draft 1 or 2) via (japanese) Meiji Civil Code and Japanese old Civil Code drafted by Boissonade. Especially the two types of legal protection of incapable person, the system of incompetent person and quasi-incompetent person was derived from l'interdiction and conseil judiciaire the French Civil Code.

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