독일 실정법상 민법상 조합(GbR)의 권리능력 인정과 법정책적 함의

The German Civil Law Claims Act stipulates the content of unions. This system is the same in Korea. Neither Germany nor Korea recognized the rights and party capabilities of 'civil law unions'. This can be said to have originated from the view that 'civil law unions' correspond to contracts between members. In the case of Germany, continuous discussions have been developed on whether the 'civil law association' should be recognized as rights and party capabilities, and now the arena for fierce debate is coming to an end. On January 29, 2001, the Supreme Court of Germany changed its existing precedent and made a landmark ruling that recognized not only the union's rights and capabilities but also the parties' capabilities. Some scholars denied this ruling, but the opinion that the rights and capabilities of the 'civil law association' should be recognized dominated. This was evaluated as a groundbreaking precedent in German academia. Going one step further, on August 17, 2021, the German legislator introduced explicit provisions to recognize the rights and capabilities of the 'civil law association'. This revised law took effect on January 1, 2024, with some exceptions, and the most important points of the revised law are 'the fact that a union with competent rights was recognized in the positive law' and 'the fact that the union could also be registered'. This paper examines the process of recognizing rights and capabilities for unions under civil law in Germany, while presenting the implications and implications of recent legislation.