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Problems and improvements of the real estate lien system

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2018, 6(1), pp.323-338
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

정문성 1

1서남대학교

Candidate

ABSTRACT

The existing civil law stipulates that the possession of a lien can be established only by occupation and the scope of the establishment of the lien is too broad. And even if the lien is granted, it is also consistent with the principle that the real estate right is disclosed by register under the condition of establishment requirement The lien can claim the validity of the lien, but it is clearly different from the existing civil law. Although the Civil Law protects the lien holder at the expense of the principle of disclosure, it examines the method of minimizing the damage that can be incurred by the third party, and the lien of the lien is caused by the provisions of the acquisition order under the current civil enforcement law. In this paper, I would like to find the problems that can be supplemented without undermining the ideology of the lien.

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