본문 바로가기
  • Home

A Comprehensive and Critical Study on Resignation of Real Right

  • DONG-A LAW REVIEW
  • 2015, (66), pp.483-530
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

KANG TAE - SEONG 1

1경북대학교

Accredited

ABSTRACT

In this thesis, I develop a comprehensive and critical study on resignation of real right systematically. Namely, I criticize existing precedents, theories and registration-practice on resignation of real right, after these strong criticisms I propose my creative and consistent alternatives relating on resignation of real right in the same order as follows. Ⅰ. Concept and Classification of Resignation of Real RightEspecially, I classify this resignation as relative resignation and absolute resignation Ⅱ. Nature and Applied Regulation1. Is the resignation of real right a partner act?2. Is the resignation of real right a legal act?3. The Korean Civil Code Part Ⅰ on legal act is applied on the resignation. Ⅲ. Approval Bound1. Relating approval bound of unilateral act2. The extinguishment-notification of Chonsegwon is a resignation of real right3. Is possessory right resigned? Ⅳ. Relationship with This Resignation and Public Notice-Method1. Should the public notice-method be equipped?2. Should registration of any kind be made?3. Can possessory right be given up? Ⅴ. Does Holder of a Real Right Apply for Registration Unilaterally1. Is unilateral registration allowed?2. Claim for registration Ⅵ. Effectiveness of Resignation of Real Right1. The effectiveness of resignation in Germany and Japan2. The effectiveness of resignation in Korea

KEYWORDS

Citation status

* References for papers published after 2023 are currently being built.