독일민법전(2024) (양장본 Hardcover)

독일민법전(2024) (양장본 Hardcover)

$70.95
Description
2024년판은 유럽연합의 입법지침을 독일 국내법으로 수용하기 위하여 개정되었다. 우선 넓은 의미에서 단체에 관한 규율내용은 근본적으로 달라졌다. 먼저 제80조 이하의 재단에 관한 규정, 그리고 제705조 이하의 조합에 관한 규정은 종전의 것을 아예 들어내고 새로운 내용과 형식을 보여주고 있다. 나아가 또 하나의 전형계약으로 ‘디지털제품에 관한 계약’이 민법전에 자리잡았다. 그리고 이와 관련하여 예를 들면 매매계약·임대차계약 등에도 특히 담보책임 등에 관한 조항이 새로 마련되었다. 그 외에도 주거임대차계약이나 여행계약 등은 꾸준히 개정되고 있다.
저자

양창수

저자:양창수
서울대학교법과대학졸업
법학박사(서울대학교)
서울대학교법과대학교수
대법관
한양대학교법학전문대학원교수
현:서울대학교명예교수
주요저서,역서
民法硏究제1권,제2권(1991),제3권(1995),제4권(1997),제5권(1999),제6권(2001),제7권(2003),제8권(2005),제9권(2007),제10권(2019)
민법Ⅰ:계약법,제3판(2020)(공저)
민법Ⅱ:권리의변동과구제,제5판(2023)(공저)
민법입문(1991,제9판2023)
민법주해제1권(1992,제2판2022),제4권,제5권(1992),제9권(1995),제16권(1997),제17권,제19권(2005)(분담집필)
註釋債權各則(Ⅲ)(1986)(분담집필)
民法散考(1998)
민법산책(2006)
노모스의뜨락(2019)
민법전제정자료집성―총칙물권채권(2023)
라렌츠,정당한법의원리(1986,신장판2022)
츠바이게르트/쾨츠,比較私法制度論(1991)
로슨,大陸法入門(1994)(공역)
독일민법전―총칙채권물권(1999,2021년판2021)
포르탈리스,民法典序論(2003)
독일민법학논문선(2005)(편역)
존로버트슨,계몽―빛의사상입문(2023)

목차

제1편總則
Buch1AllgemeinerTeil§§1240
제1장人············································································2
Abschnitt1Personen§§189
제1절自然人·消費者·事業者············································2
Titel1NaturlichePersonen,Verbraucher,Unternehmer
§§114
제2절法人································································4
Titel2JuristischePersonen§§2189
제1관社團··································································4
Untertitel1Vereine§§2179a
제1항總則·······························································4
Kapitel1AllgemeineVorschriften§§2154
제2항登記社團·····························································20
Kapitel2EingetrageneVereine§§5579a
제2관權利能力있는財團·················································32
Untertitel2RechtsfahigeStiftungen§§8088
제3관公法人································································54
Untertitel3JuristischePersonendesoffentlichenRechts
§89
제2장物件과動物····························································54
Abschnitt2SachenundTiere§§90103
제3장法律行爲································································60
Abschnitt3Rechtsgeschafte§§104185
제1절行爲能力·······························································60
Titel1Geschaftsfahigkeit§§104113
제2절意思表示·······························································66
Titel2Willenserklarung§§116144
제3절契約·······························································80
Titel3Vertrag§§145157
제4절條件과期限···························································84
Titel4BedingungundZeitbestimmung§§158163
제5절代理와任意代理權·················································88
Titel5VertretungundVollmacht§§164181
제6절同意와追認···························································96
Titel6EinwilligungundGenehmigung§§182185
제4장期間·期日······························································98
Abschnitt4Fristen,Termine§§186193
제5장消滅時效·······························································100
Abschnitt5Verjahrung§§194218
제1절消滅時效의對象과期間········································100
Titel1GegenstandundDauerderVerjahrung
§§194202
제2절消滅時效의停止·完成猶豫및更新························106
Titel2Hemmung,AblaufhemmungundNeubeginnder
Verjahrung§§203213
제3절消滅時效의法律效果············································118
Titel3RechtsfolgenderVerjahrung§§214218
제6장權利行使·自衛·自力救濟········································120
Abschnitt6AusubungderRechte,Selbstverteidigung,
Selbsthilfe§§226231
제7장擔保提供·······························································124
Abschnitt7Sicherheitsleistung§§232240

제2편債權關係의法
Buch2RechtderSchuldverhaltnisse§§241853
제1장債權關係의內容·····················································130
Abschnitt1InhaltderSchuldverhaltnisse§§241304
제1절給付義務·····························································130
Titel1VerpflichtungzurLeistung§§241292
제2절債權者遲滯··························································158
Titel2VerzugdesGlaubigers§§293304
제2장約款에의한法律行爲上의債權關係의形成···············162
Abschnitt2GestaltungrechtsgeschaftlicherSchuldverhaltnissedurchAllgemeineGeschaftsbedingungen
§§305310
제3장契約上의債權關係··················································186
Abschnitt3SchuldverhaltnisseausVertragen§§311361
제1절成立·內容및終了···············································186
Titel1Begrundung,InhaltundBeendigung§§311319
제1관成立······························································186
Untertitel1Begrundung§§311311c
제2관消費者契約에서의原則과特殊한去來形態··············190
Untertitel2GrundsatzebeiVerbrauchervertragen
undbesondereVertriebsformen§§312312k
제1항適用範圍와消費者契約의原則·····························190
Kapitel1AnwendungsbereichundGrundsatzebei
Verbrauchervertragen§§312312a
제2항營業場所밖에서締結된契約및通信販賣契約·······198
Kapitel2AußerhalbvonGeschaftsraumengeschlossene
VertrageundFernabsatzvertrage§§312b312h
제3항電子去來上의契約;온라인쇼핑몰·························208
Kapitel3VertrageimelektronischenGeschaftsverkehr;OnlineMarktplatze§§312i312l
제4항다른約定및證明責任·········································214
Kapitel4AbweichendeVereinbarungenundBeweislast
§312m
제3관契約의變應과終了···············································214
Untertitel3AnpassungundBeendigungvonVertragen
§§313314
제4관一方的給付指定權················································216
Untertitel4EinseitigeLeistungsbestimmungsrechte
§§315319
제2절雙務契約·····························································220
Titel2GegenseitigerVertrag§§320326
제2절의a디지털제품에관한契約···································226
Titel2aVertrageuberdigitaleProdukte§§327327u
제1관디지털제품에관한消費者契約·······························226
Untertitel1VerbrauchervertrageuberdigitaleProdukte
§§327327s
제2관디지털제품에관한事業者사이의契約에대한
特別規定······························································252
Untertitel2BesondereBestimmungenfurVertrageuber
digitaleProduktezwischenUnternehmern
§§327t327u

출판사 서평

2024년판머리말

이제『독일민법전―총칙·채권·물권』의새로운번역으로2024년판을출간한다.이번판은바로전의2021년판보다약100면이늘어났다.
2021년판은동년2월25일현재로효력있는규정들로마련하였었다.
그후로오늘날까지행하여진개정은우리로서는쉽사리예상할수없을만큼광범위하면서도상세한것이었다.이러한개정은물론그렇지않은경우도없지않으나대체로유럽연합의입법지침을독일국내법으로수용하기위하여이루어졌다.
우선넓은의미에서단체에관한규율내용은근본적으로달라졌다.
먼저제80조이하의재단에관한규정(이중에서2026년1월에시행되는것들은이번에반영되지않았다),그리고제705조이하의조합에관한규정은종전의것을아예들어내고새로운내용과형식을보여주고있다.
나아가또하나의전형계약으로‘디지털제품에관한계약’이민법전에자리잡아제327조이하수십조에이르고있다.그리고이와관련하여예를들면매매계약·임대차계약등에도특히담보책임등에관한조항이새로마련되었다.
그외에도주거임대차계약이나여행계약등은꾸준히개정되고있다.
이책을만드는데애써준박영사의김선민이사님기타여러분께깊이감사드린다

2024년1월3일
梁彰洙