일본메이지민법(물권편:소유권취득·공동소유)의 입법이유

This article contains the full translation of reform motives of the MeijiCivil Code(the part of property law), which are based on the texts editedby HIRONAKA Toshio, Minpō Shuseian (zensampen) no Riyūsho(Yuhikaku, 1987), and adds some comments from the viewpoints of theKorean lawyer, whose legislation has been widely influenced by theEuropean legal tradition via the Japanese legal scholarship. Japanese former Civil Code draft(by G. Boissonade) had manyconceptual and systematic provisions which were scattered in the part ofproperty and the part of acquisition of property. Whereas the JapaneseMeiji Civil Code adjusted the provisions briefly and to the point in thepart of property in answer to practical questions in those days Japan topursue the policy of codifying Japanese Civil Code. The Japanese Civil Code makers tried to seek the balances between thereference of the comparative law and the circumstances of Japan in thosedays.