연구 요약
연구 요지 (AI)
민법상 건물 구분소유권의 적용과 공동주택 소유관계를 고찰했다.
초록
The current civil law is regulating the Co-ownership under the Article 215 of civil code. But the part is applicable to only the Co-ownership of the common single house of building by its contents. Then, in the later half of the 1960's in Korea multistory buildings has been increasing rapidly owing to the effective use in estate and the promotion of urban modennization mainly in the great cites. Under this condition, the Co-ownership of building has fulfilled its function very importantly Concurrently the new and complicated legal problem, the Co-ownership has happened. As a result, the Law of the Ownership and Management for collective building was enacted on April 10, 1984.
This law consists of 66 articles, which has been effective since April 10, 1985. The contents of the study for reguirements above are as follows; 1. Examples in Foreign countries Following are typical cases of the legislations connected with the collective building in foreign countries such as France, Germany. 2. The Content of Korean Law on Collective Buildings. It is sure that the Law on Collective houses Rot only regulates community life on the collective buildings, but also contributes to the public anouncement of the Relations in right.
However, on the other hand, we cannot exclude the probability that the application of this law bring about many problems, owing to the sudden changes of techniques in construction. 3. The legal status of divided owner Rights and duties of an owner of the divided pants of the collective building are explained. In short it is necessary to develop the basic formations for the law of the Co-ownership, which will be appropriate to rule in our social problems.
목차
Ⅰ.序論 1.區分所有의 意義 2.民法의 規定과 判例의 態度 Ⅱ.集合建物法의 制定 1.프랑스의 區分所有權法 2.독일의 住居所有權法 3.우리나라의 集合建物法 Ⅲ.區分所有關係 1.區分所有權의 意義 2.專有部分 3.共用部分 4.垈地使用權 Ⅳ.區分所有와 管理關係 1.管理組織 2.管理團集會 Ⅴ.區分所有者의 義務違反 1.義務規定의 性洛 2.義務違反에 대한 措置 Ⅵ.結論
발행 정보
1987. 건국대학교 『論文集』 Vol.24No.1[1987]