土地 所有權의 制限에 關한 硏究 = (A) study on restriction of landownership

토지소유권 제한의 역사적 전개와 현대적 원칙을 연구했다.

Contents Chapter I. Instruction Section 1. The Meaning and Purpose of This Study Section 2. The Extent of This Study Chapter II. A Historical Development of Landownership Section 1. Primitive Times Section 2. Ancient Times Section 3. Medieval Times Section 4. Mordern Times Chapter III. Twenty Centrury Present day Landownership Section 1. The Meaning of Present day Landownership Section 2. The Guiding Principles on Restriction of Present day Landownership Section 3. Land System in each Countries Chapter IV. The Restriction of Landownership Section 1. Prologue Section 2. The Restriction by Private Law Section 3. The Restriction by Public Law Chapter V.

The Boundary of Restriction of Landownership Section 1. Legal Nature Section 2. The Compensation as Boundary of Restriction Section 3. The Problems of Compensation System Chapter VI. Conclusion In this thesis, the writer has dealt with "A Study on Restriction of Landownership". Through the human history, the land is the most human-intimate resources, since it is the obligatory foundation of every human life and the production activities. In the mordern times, Landownership meant absoluteness. But the absoluteness of landownership becomes meaning-less at present.

Because the land is the confined resources that can't be enlarged in quantity can't be imported and removable to the other place and so it must be most effici ently used and managed. So the Restriction of Landownership is inevitable to be intervened and restricted by the Private Law and Public Law in order to use it deliberately and orderly. But this Res triction of the Landownership should be limited to the necessary restriction, since the capitalism regard the guarantee of the possession as the basic principle and the authority can't interfere the essential property of it.

In the second chapter of this study, the writer introduced briefly the historical development of landownership, inprimitive times, ancient times, medieval times, and mordern times. In the third chapter of this study, he introduced twenty century present Landownership. Present Landownership means that land has sociality and publicity for using resonably and effectively. He introduced the principle of public welfare, trustfulness and faithfulness, prohibition of abuse of rights, as the guiding principle on restriction of present Landownership. And he introduced land law system in Great Britain, The United States of America, France, Germany, The Republic of China, Japan.

In the fourth capter of this study, he dealt with restricion of Landownership. The restriction of Landownership was restriction by private law and public law. In the restriction by prevate law, he introduced the regulation of restriction in the civil law. In the restriction by public law, he introduced restriction of the right to use, right to gain, right to dispose in every public laws. In the fifth chapter of this study, he emphasized the compensation as the boundary of restriction and sticted to perfect compensation. And he enumerated problems in the compensation.

Lastly he commented upon the urgent problems with which the restriction of Landownership and compansation of it in our country confronted. And he enumerated improval directions.

目次 ABSTRACT = i 第1章 序說 = 3 第1節 硏究의 意義 및 目的 = 3 第2節 硏究의 範圍 = 5 第2章 土地所有權의 歷史的 展開 = 7 第1節 原始 = 7 第2節 古代 = 7 第3節 中世 = 10 第4節 近代 = 12 第3章 20世紀 現代的 土地所有權 = 15 第1節 現代的 土地所有權의 意義 = 15 I. 成立 = 15 II. 現代的 土地所有權의 內容 = 17 第2節 現代的 土地所有權의 指導原理 = 21 I. 公共福利 = 21 II. 信義誠實 = 24 III. 權利濫用의 禁止 = 27 第3節 各國의 土地法制 = 30 I. 英國 = 30 II. 美國 = 32 III. 西獨 = 37 IV. 프랑스 = 39 V. 自由中國 = 40 VI. 日本 = 41 第4章 土地所有權의 制限 = 43 第1節 緖 = 43 I. 土地所有權制限의 實定法的·根據 = 43 II. 私法的制限과 公法的制限의 差異와 그 問題点 = 47 第2節 私法的 制限 = 48 I. 法解口에 의한 制限 = 48 II. 範圍에 의한 制限 = 48 III. 忍容義務를 負佛하는 경우 = 48 IV. 不作爲義務를 負佛하는 경우 = 50 V. 作爲義務를 負佛하는 경우 = 51 VI. 無過失責任을 負佛하는 경우 = 52 第3節 公法的 制限 = 52 I. 使用權의 制限 = 52 1. 地下使用權의 制限 = 53 2. 空間使用權의 制限 = 58 3. 地表使用權의 制限 = 60 II. 收益權의 制限 = 65 III. 處分權의 制限 = 68 第5章 土地所有權 制限의 限界 = 71 第1節 法律的 性質 = 71 第2節 制限의 限界로서의 補償 = 73 I. 土地의 公用