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The study of the fishery right in the effects and characteristics of the real right

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 54(), pp.353-380
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

So,Jae-Seon 1 임종선 2

1경희대학교
2경희대법학연구소

Accredited

ABSTRACT

Korea is a peninsula, and because of the geographical characteristic, it holds a key position in the field of social and economical area. There are chartered fishery, permissive fishery and free fishery under the present Fisheries Law. Among them, the administrative office grants fishery rights which allow people to exercise exclusive rights on certain surfaces. Under the clause 2, Article 16 of Fisheries Law, it is a real rights that Landing Law of the Civil Code shall apply in the case for the rest of the parts of fishery rights. So profound studies of coastal fisheries and research through the real rights within fishery rights are necessary for the settlement of a dispute. Fishery rights, which is applied by the Landing Law, shall administrate the neritic fishing ground, but it should be ruled case by case under the specific or individual situations. The characteristics of real rights within the fishery rights are those of property rights, management rights, absolute authority rights and legal rights. In case where they obstruct the exercising of the rights, preferential validity and claim of real right remains. Also, even though the third party has fishery rights, he could not exercise the transfer of right or right of resale when he is unqualified. Thus this study covers characteristics of fishing ground, the object of fishery rights and nature of real rights inside that are followed. Real rights include fishery rights to which Landing Law shall be applied under the Fisheries Law, but for individual cases of dispute, systematic researches are needed to avoid unnecessary expenses or time consuming related to legal dispute.

Citation status

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