vii
차 례
제 1 부 민법총칙
제 1 장 서 론
제 1 절 민법의 의의························································································································3
Ⅰ. 서 설 ·························································································································3
Ⅱ. 실질적 민법····················································································································4
1. 민법은 법의 일부이다 / 4? ? 2. 민법은 사법이다 / 4
3. 민법은 일반법이다 / 6? ? 4. 민법의 그 밖의 성질 / 6
Ⅲ. 형식적 민법····················································································································7
Ⅳ. 두 민법 사이의 관계와 민법학의 대상········································································7
1. 두 민법 사이의 관계 / 7? ? 2. 민법학의 대상: 실질적 민법 / 7
제 2 절 민법의 법원(法源)············································································································8
Ⅰ. 서 설 ·························································································································8
1. 법원의 의의와 종류 / 8
2. 법원에 관한 민법규정과 그에 따른 법원의 순위 / 8
Ⅱ. 성문민법 ·························································································································9
1. 법 률 / 9? ? 2. 명 령 / 9? ? 3. 대법원 규칙 / 9
4. 조 약 / 10? ? 5. 자 치 법 / 10
Ⅲ. 불문민법 ·······················································································································10
1. 관 습 법 / 10? ? 2. 조 리 / 11? ? 3. 판 례 / 12
제 2 장 권 리
제 1 절 법률관계 ···························································································································23
Ⅰ. 의 의 ·······················································································································23
Ⅱ. 내 용 ·······················································································································24
Ⅲ. 법률관계의 규율 ······································································································25
제 2 절 권리와 의무의 의의·······································································································25
Ⅰ. 권리의 의의··················································································································25
Ⅱ. 의무의 의의··················································································································26
제 3 절 권리(사권)의 종류········································································································26
Ⅰ. 서 설 ·······················································································································26
Ⅱ. 내용에 의한 분류······································································································27
1. 재 산 권 / 27? ? 2. 인 격 권 / 28
3. 가족권(친족권 ? 신분권) / 28? ? 4. 사원권(社員權) / 28
Ⅲ. 작용(효력)에 의한 분류···························································································28
1. 지 배 권 / 28? ? 2. 청 구 권 / 29? ? 3. 형 성 권 / 29? ? 4. 항 변 권 / 30
Ⅳ. 그 밖의 분류···········································································································30
1. 절대권?상대권 / 30? ? 2. 일신(一身)전속권?비전속권 / 30
3. 주된 권리?종된 권리 / 31? ? 4. 기성(旣成)의 권리?기대권 / 31
제 4 절 권리의 경합······················································································································31
Ⅰ. 의의와 모습··················································································································31
Ⅱ. 법규경합(법조경합)··································································································32
제 5 절 권리의 행사와 의무의 이행························································································32
Ⅰ. 권리행사의 의의와 방법 ···························································································32
Ⅱ. 권리의 충돌과 순위···································································································32
Ⅲ. 권리행사의 한계 ······································································································33
1. 서 설 / 33? ? 2. 신의성실의 원칙 / 33? ? 3. 권리남용 금지의 원칙 / 41
Ⅳ. 의무의 이행··················································································································45
제 6 절 권리의 보호······················································································································45
Ⅰ. 서 설 ·······················································································································45
Ⅱ. 국가구제 ·······················································································································45
1. 재판제도 / 46? ? 2. 조정제도 / 46
Ⅲ. 사력구제 ·····················································································································46
1. 정당방위 / 46? ? 2. 긴급피난 / 46? ? 3. 자력구제 / 47