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        검색결과 1

        1.
        2023.05 서비스 종료(열람 제한)
        A Study on the Discussion for the Indefendent Charater and the No-cause Character of the Real Rights Behavior The most controversial topic in the Korean civil law academic circle so far is the theory of Real Rights Behavior, which has centered on the the Indefendent Charater and the No-cause Character of Real Rrights Behavior. The core of the controversy over the No-cause Character of Real Rights Behavior is the legal interest of securing transaction safety, and the theoretical basis necessary to argue whether the No-cause Character of Real Rights Behavior is the recognition of the identity of Real Rights Behavior. In the end, the fierce debate, which has been held for the practical legal interest of securing transaction safety, is believed to be due to the lack of a realistic legal system and its regulations, and the unreasonable application of uncritical foreign theories. In other words, the Auflassung system to supplement the formalism examination system of registration in Germany secured transaction safety by strengthening the function of strengthening the credibility of registration. However, in the absence of such systems and related laws, the Korean civil law community borrowed German theories and applied them excessively, and constant debate reproduced them. In order to protect the realistic legal interests of transaction safety and to establish a consistent theoretical system in academia, it is necessary to supplement related systems through legislation