우리나라에서의 프랑스 민법 연구방법에 관한 소고(小考) - 필자의 연구 경험을 중심으로 -

As the Civil law of the Republic of Korea was enacted under the influence of Japanese civil law and German civil law, the South Korean civil law academic world has been oriented to researches on the German civil law, and thus there have not been many researches on the French civil law. I think researches on the French civil law should be activated in Korea to cultivate more extensive legal thinking. In this paper, I analyzed that the main reasons that researches on the French civil law have not been active so far in Korea are that the important legal concepts in French civil law are very unfamiliar to the Korean Civil law and that some of the logics of dispute settlement in France are seemingly different from those in Korea. From the standpoint of a Korean scholar, in order to understand well and to introduce to Koreans the contents of the French civil law, I think it is needed to explain what systems of the Korean civil law are in charge of the functions performed by the above concepts in the French civil law by making functional approach. From this viewpoint, I explained the important legal concepts in the French civil law such as faute, cause, lésion, nullité relative etc by comparing with the systems in the Korean Civil law.