민법 제2편(물권)의 개정

Amendment Proposal of the PartⅡ (Real Right) in Civil Act

Ⅰ. the comment on the amendment bill of the Government 1. It is right to withdraw the bill on the provisional registration. Because the bill is opposed to the absolute quality of real right. 2. It is right to revise the bill on the catching-up-right. especially, It is right to provide the bill on the catching-up-right of the owner. 3. It is right to revise the bill on the disturbance of land-use. 4. It is right to revise the bill on the creating of superficies(The Bill Article 279-2). 5. It is right to revise the bill on Civil Act Article 299ㆍ330ㆍ332. 6. It is right to withdraw the bill on the Civil Act Article 371 Clause 3 and Article 312 Clause 4. Ⅱ. prescriptions that should be eliminated. 1. It is right to eliminate Civil Act Article 275ㆍ276ㆍ277. Because these prescriptions are opposed to the theory that a legal person is in existence. 2. It is right to eliminate Civil Act Article 302. Because the right on Civil Act Article 302 is not in existence today. 3. It is right to eliminate Civil Act Article 305 Clause 2 and Article 336ㆍ337ㆍ339. 4. It is right to eliminate Civil Act Article 340 Clause 1. Because this prescription can not protect anyone. Ⅲ. the others that should be revised. Civil Act Article 308 and Article 364 should be revised.