개정 일본 민법상 조합의 이해 - 시사점을 포함하여 -

초록

The association part of Japanese revised Civil Code stipulates general or majority interpretation theory on the premise of basic understanding of the association established by Civil Code regulations and interpretation theory so far. The revised Code stipulated the distinctiveness of the association in relation to the general rules of the Civil Code and the general rules of the Contract, which is based on the premise of seeing the nature of the association as a contract, that is, the application of the general rules and specified areas where application was excluded based on the specificity of the association. Previously, there were individual regulations based on collective character, but these regulations should be regarded as clarifying exceptions. In addition, decision and enforcement were divided in relation to the internal operation of the association, and the contents of the deputy were clarified for external legal actions to reorganize the operation and maintenance of the association. With regard to the property, the independence of the association property was defined based on the association's collective character, and all the limitations of having a specificity and not having legal personality different from ordinary sharing were clarified. This approach presupposes the distinction between an unincorporated organization and an association and the distinction between a corporations and an association, showing an attempt not to deviate from the existing association system. As such, it can be seen that there are many cases where the collective character is premised in individual regulations, but there are considerable efforts to avoid excessive collectivity in specific circumstances. In other words, it is evaluated that the revised contents have been adjusted so that the contractuality of the association is not misunderstood. In the interpretation and legislative theory of Korean Civil Code, the contents of the association under the Japanese revised Civil Code can be an option.

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