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▶ 이 책은 국제사법에 대해 다룬 도서입니다. 국제사법의 기초적이고 전반적인 내용을 확인할 수 있도록 구성했습니다.

최근 우리나라의 경제가 발달함에 따라 우리나라 국민이 외국인과 경제활동을 하는 경우가 급증하고 있다.
또한 세계화의 진전으로 우리나라 국민이 외국인과 혼인 등 신분관계를 형성하는 경우도 늘고 있다. 국제거래나 혼인 등 이른바 섭외적 생활관계에서 분쟁이 발생하였을 때 그 분쟁의 해결에 적용될 준거법을 정하는 것이 국제사법이다.
이 책은 국제사법을 적용한 국내 판례의 간략한 내용을 최근 판례를 중심으로 수록하여서 국제사법 규정의 이해에 도움이 되도록 하였다.
이번 개정에서는 2015년 이후의 최근 판례를 추가하고, 일부 서술 부분을 수정 또는 보완하였다.

제1편 총 론
∥제1장∥ 섭외적 법률관계와 국제사법 / 3
제1절 국제사법의 필요성 ···················································································· 3
제2절 섭외적 법률관계 ······················································································· 4
제3절 통일법을 통한 섭외적 법률관계의 규율 ·················································· 6
∥제2장∥ 국제사법 일반론 / 8
제1절 국제사법의 정의 및 기능 ········································································· 8
제2절 국제사법의 본질 ······················································································· 9
제3절 국제사법의 특징 ····················································································· 10
Ⅰ. 간접규범 / 10 Ⅱ. 상위규범 / 11 Ⅲ. 강행규범 / 11
제4절 국제사법의 명칭 ····················································································· 12
제5절 국제사법의 범위 ····················································································· 13
Ⅰ. 의 의 / 13 Ⅱ. 국제민사소송법과의 관계 / 14
Ⅲ. 국적법과의 관계 / 14 Ⅳ. 외인법과의 관계 / 14
Ⅴ. 준국제사법 및 인제사법과의 관계 / 15 Ⅵ. 시제법과의 관계 / 16
∥제3장∥ 국제사법의 발전 / 18
제1절 서 설 ··································································································· 18
제2절 로마시대 ·································································································· 19
제3절 중세시대 ·································································································· 20
Ⅰ. 종족법시대 / 20 Ⅱ. 봉건시대 / 20 Ⅲ. 법규분류학파 / 21
제4절 근세시대 ·································································································· 21
Ⅰ. 프랑스 법규분류학파 / 21 Ⅱ. 네덜란드학파 / 22 Ⅲ. 독일학파 / 23
제5절 미국에서의 국제사법이론의 발전 ··························································· 25
Ⅰ. 예양이론과 기득권이론 / 25 Ⅱ. 기득권이론에 대한 비판 / 26
Ⅲ. 국제사법이론의 혁명 / 28 Ⅳ. 가치기준의 접근방법 / 31
Ⅴ. 법의 충돌에 관한 제2차 리스테이트먼트 / 34 Ⅵ. 미국 국제사법이론의 평가 / 35
∥제4장∥ 국제사법의 이념 / 36
제1절 서 설 ··································································································· 36
제2절 가장 밀접한 관련의 원칙 ······································································· 36
제3절 실질법적 정의 ························································································· 38
∥제5장∥ 우리나라 국제사법 / 39
제1절 연혁 및 기본구조 ··················································································· 39
제2절 규정방식 및 원칙 ··················································································· 39
제3절 국제사법의 특징 ····················································································· 40
Ⅰ. 법 명칭의 변경 / 40
Ⅱ. 법 체제의 완결성 제고 / 41
Ⅲ. 가장 밀접한 관련의 원칙의 채택 / 41
Ⅳ. 당사자자치의 원칙의 포괄적 수용 / 41
Ⅴ. 실질법적 정의의 고려 / 42
Ⅵ. 국제재판관할에 관한 규정의 도입 / 42
Ⅶ. 국제사법 관련 국제조약의 수용 / 43

제2편 국제사법 총칙
∥제1장∥ 서 론 / 47
∥제2장∥ 국제재판관할 / 48
제1절 서 설 ··································································································· 48
제2절 국제재판관할권 ······················································································· 49
Ⅰ. 의 의 / 49
Ⅱ. 국제재판관할권의 확정에 관한 입장 / 50
Ⅲ. 국제재판관할권의 근거 / 52
Ⅳ. 미국 재판관할확대법과 이에 대한 제한 / 57
Ⅴ. 국제재판관할과 비편의법정원칙 / 59
Ⅵ. 국제재판관할과 주권면제원칙 / 60
Ⅶ. 국제사법에서 국제재판관할권의 확정 / 61
제3절 외국판결의 승인 및 집행 ······································································· 70
Ⅰ. 의 의 / 70
Ⅱ. 유럽에서 외국판결의 승인 및 집행 / 72
Ⅲ. 미국에서 외국판결의 승인 및 집행 / 74
Ⅳ. 우리나라에서 외국판결의 승인 및 집행 / 75
∥제3장∥ 준거법의 지정 / 89
제1절 서 설 ··································································································· 89
제2절 국제사법 규정의 구조 ············································································ 89
Ⅰ. 국제사법 규정의 유형 / 89 Ⅱ. 국제사법 규정의 흠결 / 91
제3절 법률관계의 성질 결정 ············································································ 92
Ⅰ. 의 의 / 92
Ⅱ. 법률관계의 성질 결정의 준거법 / 93
Ⅲ. 법률관계의 성질 결정과 관련된 문제 / 96
제4절 연결점과 연결방법 ················································································ 102
Ⅰ. 의 의 / 102 Ⅱ. 연결점의 형태와 준거법 / 104
Ⅲ. 연결개념으로서의 국적 / 107 Ⅳ. 준거법의 연결방법 / 112
∥제4장∥ 선결문제 / 117
제1절 서 설 ································································································· 117
제2절 선결문제에 적용되는 준거법 선택의 원칙 ··········································· 117
제3절 본문제의 준거법과 선결문제의 준거법 간의 관계 ······························ 120
∥제5장∥ 외국법의 적용 / 122
제1절 서 설 ································································································· 122
제2절 외국법의 성질 ······················································································· 122
Ⅰ. 학 설 / 122 Ⅱ. 국제사법 규정 / 124
제3절 외국법의 흠결 또는 불분명 ·································································· 125
Ⅰ. 의 의 / 125 Ⅱ. 학 설 / 126
제4절 적용되는 외국법의 범위 ······································································· 128
Ⅰ. 실질사법 / 128
Ⅱ. 외국에서 현실로 적용되는 법 / 129
Ⅲ. 미승인국 및 분단국의 법률 / 129
제5절 외국법의 해석 및 적용 ········································································· 130
제6절 외국법 적용의 오류 ·············································································· 132
∥제6장∥ 법정지국 강행규정의 적용 / 133
제1절 서 설 ································································································· 133
제2절 우리나라 강행규정의 적용 ···································································· 134
∥제7장∥ 예외조항 / 136
제1절 서 설 ································································································· 136
제2절 예외조항의 규정방식 ············································································· 137
제3절 예외조항의 필요성 ················································································ 138
제4절 예외조항의 적용기준 ············································································· 139
제5절 예외조항의 적용범위 ············································································· 141
∥제8장∥ 반 정 / 144
제1절 서 설 ································································································· 144
제2절 반정이론 ································································································ 146
Ⅰ. 반정긍정론 / 146 Ⅱ. 반정부정론 / 149
제3절 반정의 유형 ·························································································· 151
Ⅰ. 직접반정 / 151 Ⅱ. 전 정 / 151
Ⅲ. 간접반정 / 152 Ⅳ. 이중반정 / 152
Ⅴ. 숨은 반정 / 153
제4절 국제사법에서 반정조항 ········································································· 155
Ⅰ. 적용요건 / 155
Ⅱ. 예외적으로 반정이 허용되지 않는 경우 / 157
∥제9장∥ 공서조항 / 161
제1절 서 설 ································································································· 161
제2절 공서조항의 규정방식 ············································································· 162
Ⅰ. 배척조항과 유보조항 / 162
Ⅱ. 일반배척조항과 특별배척조항 / 162
제3절 국제사법에서 공서조항 ········································································· 163
Ⅰ. 국제사법 규정 / 163 Ⅱ. 공서조항의 적용 / 163 Ⅲ. 내부지향의 경향 / 169
제4절 외국법 적용 배척에 따른 법의 보충 ··················································· 170
Ⅰ. 외국법 적용의 배척과 내국법의 적용 / 170
Ⅱ. 내국법적용의 범위 / 171
제5절 공서조항과 예외조항 ············································································· 172
∥제10장∥ 법률회피 / 174
제1절 서 설 ································································································· 174
제2절 법률회피의 효력 ··················································································· 175
제3절 법률회피와 법정지쇼핑 ········································································· 176
제4절 법률회피와 편의치적 ············································································· 176
제5절 법률회피와 조세회피 ············································································· 177
∥제11장∥ 준거법 적용에서 발생하는 문제 / 178
제1절 법규의 중첩 및 흠결 ·········································································· 178
Ⅰ. 의 의 / 178 Ⅱ. 해결방법 / 179
제2절 법률관계의 대체 ··················································································· 180
제3절 준거법의 변경에 따른 권리나 신분의 내용의 치환 ···························· 181
제4절 외국 실체법과 내국 절차법의 부조화 ·················································· 182
제5절 총괄준거법과 개별준거법의 부조화 ······················································ 183

제3편 국제사법 각칙
∥제1장∥ 서 론 / 187
∥제2장∥ 국제민법총칙 / 188
제1절 자연인 ··································································································· 188
Ⅰ. 권리능력의 준거법 / 188 Ⅱ. 실종선고 / 190
Ⅲ. 행위능력 / 194 Ⅳ. 한정후견 및 성년후견 / 196 Ⅴ. 거래보호에 관한 규정 / 198
제2절 법인 및 단체 ························································································· 201
Ⅰ. 의 의 / 201
Ⅱ. 준거법 선택의 원칙 / 201
Ⅲ. 준거법의 적용범위 / 203
Ⅳ. 권리능력 없는 사단 또는 재단 / 206
Ⅴ. 법인에 대한 외인법의 적용 / 206
제3절 법률행위 ································································································ 208
Ⅰ. 의 의 / 208 Ⅱ. 법률행위의 실질의 준거법 / 208 Ⅲ. 법률행위의 방식의 준거법 / 214
∥제3장∥ 국제물권법 / 219
제1절 서 설 ································································································· 219
제2절 물권에 관한 준거법 ·············································································· 221
Ⅰ. 준거법 선택의 일반원칙 / 221 Ⅱ. 준거법의 적용범위 / 222
Ⅲ. 물건의 소재지 변경과 준거법 / 229 Ⅳ. 지식재산권의 준거법 / 234
∥제4장∥ 국제채권법 / 237
제1절 계 약 ································································································· 237
Ⅰ. 의 의 / 237 Ⅱ. 당사자자치의 원칙 / 238 Ⅲ. 준거법 선택의 원칙 / 243
제2절 법정채권 ································································································ 266
Ⅰ. 의 의 / 266 Ⅱ. 사무관리 / 266
Ⅲ. 부당이득 / 270 Ⅳ. 불법행위 / 273
제3절 채권·채무관계 ····················································································· 285
Ⅰ. 의 의 / 285 Ⅱ. 채권의 목적 / 285
Ⅲ. 채권의 소멸 / 286 Ⅳ. 채권의 대외적 효력 / 287
Ⅴ. 채권 또는 채무의 이전 / 289
∥제5장∥ 국제친족법 / 295
제1절 서 설 ································································································· 295
제2절 약 혼 ································································································· 295
Ⅰ. 의 의 / 295 Ⅱ. 약혼의 준거법 / 296
제3절 혼 인 ································································································· 297
Ⅰ. 의 의 / 297 Ⅱ. 혼인의 성립 / 297
Ⅲ. 혼인의 효력 / 306 Ⅳ. 사 실 혼 / 313
제4절 이 혼 ································································································· 313
Ⅰ. 의 의 / 313 Ⅱ. 이혼의 준거법 / 314 Ⅲ. 별 거 / 319
제5절 친 자 ································································································· 320
Ⅰ. 의 의 / 320 Ⅱ. 친자관계의 성립 / 321 Ⅲ. 친자간의 법률관계 / 333
제6절 부 양 ································································································· 336
Ⅰ. 의 의 / 336 Ⅱ. 준거법의 선택 원칙 / 336 Ⅲ. 준거법의 적용범위 / 340
제7절 그 밖의 친족관계 ·················································································· 341
제8절 후 견 ································································································· 341
Ⅰ. 준거법의 선택 원칙 / 341 Ⅱ. 준거법의 적용범위 / 344
∥제6장∥ 국제상속법 / 345
제1절 상 속 ································································································· 345
Ⅰ. 의 의 / 345 Ⅱ. 준거법의 선택 원칙 / 345 Ⅲ. 준거법의 적용범위 / 348
제2절 유 언 ································································································· 352
Ⅰ. 의 의 / 352
Ⅱ. 유언의 실질적 성립요건과 효력 / 352
Ⅲ. 유언의 방식 / 353
Ⅳ. 유언의 변경 또는 철회 / 354
∥제7장∥ 국제상사법 / 355
제1절 서 설 ································································································· 355
제2절 국제어음·수표법 ·················································································· 356
Ⅰ. 의 의 / 356 Ⅱ. 어음·수표행위능력 / 357
Ⅲ. 수표지급인의 자격 / 358 Ⅳ. 어음·수표행위의 방식 / 359
Ⅴ. 어음·수표행위의 효력 / 361 Ⅵ. 어음·수표에 관한 기타사항 / 363
제3절 국제해상법 ···························································································· 366
Ⅰ. 의 의 / 366 Ⅱ. 해상법 일반 / 367
Ⅲ. 선박충돌 / 369 Ⅳ. 해양사고구조 / 369
∥부록∥ 국제사법 / 373