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학술논문법과정책연구2010.08 발행KCI 피인용 3

분쟁해결의 민법학에서 제도구상의 민법학으로

Challenges of Civil law Study -for Dispute resolution to Institutionalization-

양재모(한양사이버대학교)

10권 2호, 431~473쪽

초록

Civil law Study in the 21st century is full of new challenges and changes. traditionally, Civil law is based in the dualistic system - the subject of right is human, the other things are the subject. But A revolution has occurred in the private law. we have the emergence of subject. and new paradigm. In Early Modern society. Civil law is mainly the means of Dispute resolution. since then, Nowadays we emphasize the importance of Institutionalization from Policy Implications of view in the functional aspect of Civil law Our society is getting increasingly diversified. it cause many changes in Civil law. animal right is an example of theses changes. Dead body, the viscera, stem cells is treated as new thing not things also, in many countries The major talking point is Privatization. it means contracts. Our private law scholar don't make ready for this type of contracts. Now. Revised civil code is being debated in korea ministry of Justice. I hope the committee look at civil code from various angles.

Abstract

Civil law Study in the 21st century is full of new challenges and changes. traditionally, Civil law is based in the dualistic system - the subject of right is human, the other things are the subject. But A revolution has occurred in the private law. we have the emergence of subject. and new paradigm. In Early Modern society. Civil law is mainly the means of Dispute resolution. since then, Nowadays we emphasize the importance of Institutionalization from Policy Implications of view in the functional aspect of Civil law Our society is getting increasingly diversified. it cause many changes in Civil law. animal right is an example of theses changes. Dead body, the viscera, stem cells is treated as new thing not things also, in many countries The major talking point is Privatization. it means contracts. Our private law scholar don't make ready for this type of contracts. Now. Revised civil code is being debated in korea ministry of Justice. I hope the committee look at civil code from various angles.

발행기관:
한국법정책학회
DOI:
http://dx.doi.org/10.17926/kaolp.2010.10.2.431
분류:
법학

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