土地所有權의 公法的 制限에 관한 小考 = A Study on the Limitation of Landownership by public Law

공법에 의한 토지소유권 제한의 필요성과 법리를 고찰한다.

We have the limited land with the charateristics of the unproductivity and the fixed location in space. However, as the population increases and industrialization progresses, we need more land for residential, industrial, agricultural and other uses. To meet our increaing needs of land the use of land should be controlled to the best of advantages of the community. Landownership is the wholesurfacely incluive management toward lard and at the same time is the natural right so we can survive freely as Human Beings. However, it is not that landownership means the unlimited right.

In order to make the effective else of land, various public laws wi th following the 1imit of private landownership have been acted and they will be enforced for the future. There are the ubiquitious arguements between the absoluteness and the 1imitation by public law, of landownership. The devices for solving these problems are as follows : 1. The limit of landownership by Public law should be realized in the way of putting the national life uppermost with the special emphasis upon the usely gains for, life. 2. The rearrangement of the consistent antral systematic land law system should be needed throughout the investigation of the nationwide use of land. 3.

The problems existing in the legal system like the public recapture of windfall profits, etch should be supplemented.

Ⅰ. 序 言 Ⅱ. 土地所有權制限의 法理論 1. 土地所有權의 意義 2. 土地所有權의 絶對性의 區分 Ⅲ. 土地所有權의 公法的制限과 內容 1. 現行 우리나라의 土地所有權의 法 系 2. 土地所有權의 公法的制限 現況 Ⅳ. 名國의 土地所有權의 公法的制限 現況 1. 영국 2. 서독 3. 프랑스 4. 미국 5. 일본 6. 자유중국 Ⅴ. 土地所有權의 公法的制限에 따르는 問題点 및 課題 Ⅵ. 結 言