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A Study on the Academic Systematization of Real Estate Law
Public Land Law Review
Abbr :
KPLLR
2009, 45(), pp.201-222
Publisher : Korean Public Land Law Association
Research Area : Law
2009, 45(), pp.201-222
Publisher : Korean Public Land Law Association
Research Area : Law
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In our country, the system of real estate law has consisted of various concepts. As the result, there are many problems of an indiscreet legislation policy. All of things are vital in the real state law system. Therefore, it is necessary that the new real estate law system to be suitable for the present is established. In this context, this study intended to present the systematized model of real estate law which has publically or privately maintained discipline of real estate. In order to achieve this goal, I reviewed the specific character and range of whole laws related with the real estate. And also I examined guiding principles of them. Then, I expressed concrete opinion about the academic systematization of real estate law. Most of all, I emphasized that the guiding principles of real estate law as a constitutional value should be a common concept which can control both public interest and private interest. On this premise, I proposed that we have to firstly supplement a present "National Land Fundamental Law" to be suitable guideline for land public law and then we should consider an enactment of "Land Fundamental Law" to rightly regulate the private fields of real estate such as the ownership, use, development, transaction and so on.
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