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학술논문부동산경영2013.06 발행KCI 피인용 1

독일민법상 유치권제도에 관한 연구

A study on the BGB, the lien system

장건(광운대학교)

7호, 65~85쪽

초록

BGB does not recognize a real estate lien. Our estate lien Civil Code as opposed to the regulations of the BGB in relation to the same bond occurs between the corresponding bonds by the authority enforcing the lien bonds declined as the properties were clear that with the right. German Civil Code has a lien on the general provisions in the sense that we match the civil one, we as civil estate is not taken as a configuration. In addition, even in its coverage area with no consideration for bilateral relations will be applied. BGB have a lien on the whole it is similar to the case of the French Civil Code. In other words, if the unified regulations of the German based on the Prussian BGB Continuing Saarland, lien bonds declined as the benefits seen by rights, be faithful to the Roman law faithful to the Bond Act was part of the benefit obligation, the debtor may claim a lien in the event payments receipt and payment of benefits payments to resolve the debt as effective as the right decision is received. Under BGB Section 1000 by the German occupiers during the occupied residents about the spending priorities for the recovery party seems to be acceptable. However, real estate, such as in Germany, Korea, and the reasons for the estate a "Licensee's right to apply for an auction to attract' you will see that there is no system.

Abstract

BGB does not recognize a real estate lien. Our estate lien Civil Code as opposed to the regulations of the BGB in relation to the same bond occurs between the corresponding bonds by the authority enforcing the lien bonds declined as the properties were clear that with the right. German Civil Code has a lien on the general provisions in the sense that we match the civil one, we as civil estate is not taken as a configuration. In addition, even in its coverage area with no consideration for bilateral relations will be applied. BGB have a lien on the whole it is similar to the case of the French Civil Code. In other words, if the unified regulations of the German based on the Prussian BGB Continuing Saarland, lien bonds declined as the benefits seen by rights, be faithful to the Roman law faithful to the Bond Act was part of the benefit obligation, the debtor may claim a lien in the event payments receipt and payment of benefits payments to resolve the debt as effective as the right decision is received. Under BGB Section 1000 by the German occupiers during the occupied residents about the spending priorities for the recovery party seems to be acceptable. However, real estate, such as in Germany, Korea, and the reasons for the estate a "Licensee's right to apply for an auction to attract' you will see that there is no system.

발행기관:
한국부동산경영학회
분류:
토지/부동산/주택/농지법

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독일민법상 유치권제도에 관한 연구 | 부동산경영 2013 | AskLaw | 애스크로 AI