북한 민법의 점유제도- 남북한 점유제도 통합방안에 대한 제안을 위해서 -

This paper examines the possessory system of North Korean civil law, and compares the possessory system of inter-Korea, and proposes the unification plan such as transitional provisions. Firstly, the regulations of the possessory system of North Korean civil law that are (1)not recognizing possessory right as independent real rights, (2)the performance for illegal cause should return to the government, (3)denying bona fide Acquisition of goods owned by enterprises, should take legislative action to discard them after unification. Secondly, the regulations North Korean civil law which are (1)claim for return and claim for removal in real rights and applying this to other rights as well, (2)the way of dealing with claim for return in contracts, (3)acknowledgement of the coexistence of right to claim property and Unjust Enrichment and Torts, are similar to those of the South Korean civil law. Taking these similarities, in conclusion, possessory system of our civil law should be the foundation of the one of unified civil law. Lastly, for the unification of the possessory system between inter-Korea are needed several transitional provisions, 1)extending the regulations of the possessory system of our civil law to North Korea, (2)Establishing a special act on the ownership of goods belonging to state and social co-operative organizations, (3)recognizing North Korean rights to use their homes.