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A Study on Validity of the Provisional Registration as a Substantial Law

  • Korea Real Estate Review
  • 2005, 15(2), pp.153-165
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

yim yoon-soo 1

1서일대학

ABSTRACT

The current Civil Law enacted and proclaimed as Code No. 471 on February 22, 1958 has been put in operation from January 1, 1960. After this Civil Law enforced, although there hasbeen 12 amendment cases for 45 years, excluding the partial amendments of the legal rights of house lease (Art. 303) and divisional surface rights (Clause 2, Art. 289) in 1984, it can be said that the Law of Property has not been revised at all. To deal with the pressure of amendments the ministry of Justice organized the Special Subcommittee for amendment of the Civil Law. This Subcommittee announced a tentative plan which even fit for "the first actual legislation of the Civil Law covering 766 articles such as General Provision, Real Rights, Obligation Section and so forth only excluding the Family Section" on November 16. 2001 From then on the Ministry of Justice noticed the legislation after passing through several public hearings about the tentative amendment of the Civil Law This amendment established basic rules approving legal force of the Provisional Registration as a Substantial Law that shows disposition of the object after registration is regarded as not valid when it is in the limit that violates the rights maintained by the Provisional Registration. In the following after studying examples of legislation of the Provisional Registration, we will give careful consideration about maintaining rights of claim and relative invalidity which have discrepancy in opinions.

Citation status

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