일본메이지민법 입법이유(총칙편∶물건) 분석

Comments on the Motives Codifying the Meiji Civil Code - General Part : provisions of Res -

This article contains the translation of reform motives of the Meiji Civil Code(the general part, especially provisions of Res), which are based on the texts edited by Hironaka Toshio, Minpo syusean(zensanhen) no ryusyo(Yuhikaku, 1987), with some comments from the viewpoints of the Korean legal scholars, whose legislation has been widely influenced by the European legal tradition via the Japanese legal scholarship. The purpose of this study is to better understand the Meiji Civil Code's Influence to the Korean Civil Code which was derived indrectly from European continental Civil codes. Because it is the basis to study the Korean Civil Code to explain the relationship between the Meiji Civil Code and Korean Cvil Code. For that purpose, the author conducts comparative and historical studies on the Korean Civil Code, the Meiji Civil Code, Japanese old Civil Code drafted by Boissonade, French Civil Code and German Civil Code(draft 1 or 2). The provisions for res in the general part of Korean Civil Code have been influenced by mainly German Civil Code(draft 1 or 2) via(japanese) Meiji Civil Code. Especially, the definition of res in the Korean Civil Code is limited to material things and in addtion, buildings as well as lands are independent real estates.