일본메이지민법(물권편:소유권취득·공동소유)의 입법이유

Comments on the Motives Codifying the Meiji Civil Code (Part 2. Property Law: the acquisition of the ownership and joint ownership)

This article contains the full translation of reform motives of the Meiji Civil Code(the part of property law), which are based on the texts edited by HIRONAKA Toshio, Minpō Shuseian (zensampen) no Riyūsho (Yuhikaku, 1987), and adds some comments from the viewpoints of the Korean lawyer, whose legislation has been widely influenced by the European legal tradition via the Japanese legal scholarship. Japanese former Civil Code draft(by G. Boissonade) had many conceptual and systematic provisions which were scattered in the part of property and the part of acquisition of property. Whereas the Japanese Meiji Civil Code adjusted the provisions briefly and to the point in the part of property in answer to practical questions in those days Japan to pursue the policy of codifying Japanese Civil Code. The Japanese Civil Code makers tried to seek the balances between the reference of the comparative law and the circumstances of Japan in those days.