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논문검색

물권행위의 무인성과 등기의 공신력

원문정보

The nature of Reality right action & The Public confidence of the Registration

노종천

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초록

영어

The main problem of the theory is concerned the nature of the reality right action. The theory opposes though it is the distinguished family the problem about. The theory presents the appearance of the transaction to main evidence about these problems. But they do not present the real appearance of the transaction. In this paper studied the problem, that the nature of the reality right action. And the power of the registration of the notarial act does not exist. The safety of the transaction is threatened because it is same. The nature of the real right deed must be interpreted consequently according to the safety of the transaction. General people does not know, according to the making up question to investigate which. The power of the notarial act of the registration does not exist. The time which reality right action is done, and that the nature of reality right action. Reality right action consists of the thought expression or in full form. Reality right action is composed of the thought expression and form to be legal format. This paper concluded reality right action is done to the thought expression only. This paper was survey the question of real dealings to get solution about this issue. The author concluded the refers the result of the survey, and that reality right action is done separate with the credit deed. The next question, Reality right action is affected the effect of the cause action or not. The writer make an investigation into the confrontation of the theory and investigated to be actual of the transaction. As a result, Reality right action is concluded which it was not affected at the reason deed. We take stance that the nature not to take the influence for the safety of the transaction.

목차

< Abstract >
 Ⅰ. 서론
 Ⅱ. 무인성‧유인성에 관한 해석론의 검토
  1. 학설의 대립
  2. 무인성론
  3. 유인성론
  4. 판례이론의 검토
 Ⅲ. 물권행위와 등기의 공신력
  1. 등기의 공신력과의 관련성
  2. 당사자의 의사와 유인성‧무인성
  3. 등기의 공신력에 관한 거래당사자의 인식
 Ⅳ. 결론
 참고문헌

저자정보

  • 노종천 Roh Jong-chun. 협성대학교 도시행정학과 전임강사, 법학박사.

참고문헌

자료제공 : 네이버학술정보

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