土地所有權理論의 變遷과 그 現代的 意義에 관한 考察 = (A) Study on the Transition of Landownership and its Current Significance

토지소유권 이론의 변천과 현대적 의미를 고찰한다.

Land is the most fundamental factor in human social, economic and cultural life as a basis of the formation of property. That is to say, land is an essential element in every human productive and social life. However, land is not a property existing infinitely like other things and it is not only immovable but also cannot be re-produced. In particular, our country, has had many problems such as a relatively small territory, city problems including concentration of population into large cities through the high economic growth since the 1960s and prevalent speculation in land through the land boom. Such problems are so serious that it is urgent to establish a basic and inclusive land policies.

Accordingly, to set up proper land policies, we need to study the historical process in the transition of the landownership theories and the sound establishment of its current notion. To study the transition of landownership and its mole n meaning, after surveying the nature of the landownership principles, the writer has analyzed and compared the differences between foreign land systems and those of our country and has studied their current meanings one after another. In conclusion in accordance with this study, the landownership has been able to be exclusively ruled by individuals as the object of private ownership since the formation of modern countries.

Consequently, the permission of development and exploitation of land at the mercy of the owner has brought about many ill effects such as the deterioration of surround-ings and economic efficiency. These ill effects also partly come from selfish, arbitrary and unorderly use of land. As a result, in present countries people have discarded the classic idea that the ownership is sacred and inviolable and they have begun to realize that it is a relative right with steep social restrictions.

目次 = 1 Ⅰ. 序論 = 3 Ⅱ. 土地所有權의 本質 = 6 1. 土地所有權의 槪念 = 6 가. 土地의 定意 = 6 나. 土地의 特殊性 = 6 다. 土地所有權의 義意 = 8 2. 土地所有權의 性質 = 8 가. 所有權一般에 共通的인 性質 = 8 나. 土地所有權에 固有한 性質 = 14 다. 土地所有權과 利用權의 關係 = 15 Ⅲ. 土地所有權思想의 變遷 = 18 1. 近代的 土地所有權觀念과 變遷 = 18 가. 近代以前의 所有權觀念 = 19 나. 近代的 土地所有權觀念 = 21 다. 現代的 所有權款念의 成立 = 23 2. 外國의 土地法制度의 槪觀 = 24 3. 우리나라에 있어서의 土地法制度의 變遷 = 30 가. 古代 土地制度 = 30 나. 三國時代 土地制度 = 31 다. 高麗時代의 土地制度 = 33 라. 朝鮮時代의 土地制度 = 35 마. 近代的 土地制度 = 39 바. 現代土地法制度의 成立 = 41 사. 土地所有權의 憲法的 保障 = 42 Ⅳ. 土地所有權의 現代的意義와 그 制限 = 45 1. 土地所有權의 現代的 意義 = 45 2. 土地所有權의 制限 = 46 가. 制限의 必然性 = 46 나. 制限의 根據 및 限界 = 47 다. 制限의 態樣 = 50 1) 私法上의 制限 = 51 2) 公法上의 制限 = 55 3. 所有權制限에 대한 補償 = 58 가. 公用制限과 損失補償 = 58 나. 公用收用과 補償 = 61 Ⅴ. 結論 = 62 參考文獻 = 64 SUMMARY = 67