우리 민법에서 로마법의 의의

This paper examines the significance and potential contributions of Roman law to contemporary Korean civil jurisprudence. Since the introduction of the Law School system, legal history education has dwindled in favor of a curriculum centered on statutes and precedents; however, Roman law remains the bedrock of the core concepts and principles within the Korean Civil Code. This study re-evaluates key issues addressed in recent Supreme Court decisions and the 2025 proposed amendments to the Civil Code—including the recovery of possession by a minority co-owner, the reduction of contractual penalties, original impossibility, and the right to revoke fraudulent acts (actio Pauliana)—through the lens of Roman law. By doing so, it identifies logical limitations in current precedents and proposes interpretative and legislative alternatives. Furthermore, the paper demonstrates how Roman legal doctrines, such as peculium and the distinction between res corporalis and res incorporalis, provide valuable analytical frameworks for the immediate challenges of the digital age, such as artificial intelligence and virtual assets. The research also offers a methodological reflection on the "case-law myth" in modern Roman law studies and emphasizes the importance of systematic law-finding principles and continental logic in contrast to Anglo-American empiricism. In conclusion, it emphasizes that the study of Roman law is not merely an exploration of the past, but an essential foundation for legal precision and the formation of a "legal mind" in the digital transition. As Christian Starck suggested, traditional jurisprudence rooted in Roman law continues to provide the necessary knowledge system for modern legal solutions.