프랑스 민법상 대항 그리고 대항불능에 관한 이론

What does it mean to “can't oppose” that is written in Korea Civil Code? It's not clear how we can legally understand that “can’t oppose” or “can oppose”, because the concept of opposition is legally ambagious. This expression, it is widely known, comes from French Civil Law. So, I studied the general theory of “opposabilité” and “inopposabilité” in French Civil Law. There are two types of Opposition(opposabilité in french) : one ist the opposition as Norms and the other one is it as a Fact. Which can be separated or sometimes be overlapped. Obviously, the opposition is close to a fact that, rather than has a substantive legal effect. In other words, the meaning of legally expression that one of the parties to the contract can oppose the third party is that the contracting party can assert his legally interests or damages by proving the contract as a fact in the court. On the other hand, the words “can’t oppose”(inopposabilité in french) in law ist not simply a contrary concept of “can oppose”. Because the concept of ‘Opposabilité’, as it different from relative effect of the contract, is premised on the assumption that the indirect effect of the contract extends to a third party, whereas the concept of ‘Inopposabilité’ assumes that the effect of the contract affects directly it. Therefore the concept of ‘Inopposabilité’ has essential the character of santion. i. e. the third party can break the effect(valid or invalid) from the contract that he didn’t give consent to. This right is called ‘Droit critique’ in French Civil Law.