추가 적립 안내

이번 판에서는 Law School 내지 법학에서 민법의 이해에 첫걸음이 수월하도록 책을 가다듬는 것이 급선무였다. 이에 따라 서술의 차례도 지난 판처럼 주제의 중요도에 따라 배치하였고 또한 이해하기 어려운 부분은 쉽게 풀어쓰고 어려운 한자는 가능한 줄여 한글화하였다. 최근 민사특별법의 명칭이 수없이 수시로 바뀌고 있다. 이에 따라 새로운 법령 판례 변화도 반영하였다. 판례는 2023년 판결까지 반영하였다.

제1편 서 론
제1장 총설
§1 법·사법·민법 ·····································································································3
Ⅰ 법이란 무엇인가 ·······················································································3
Ⅱ 법과 다른 사회규범과의 관계 ···········································································3
§2 민법의 의의 ···········································································································7
Ⅰ 법질서의 일부로서의 민법 ·················································································7
Ⅱ 사법으로서의 민법 ······························································································7
Ⅲ 일반사법으로서의 민법 ······················································································8
Ⅳ 실체법으로서의 민법 ··························································································9
Ⅴ 실질적 의미의 민법과 형식적 의미의 민법 ·····················································9
§3 민법의 법원 ··········································································································9
Ⅰ 법원(法源)의 의의 ······························································································9
Ⅱ 성문민법 ·············································································································11
Ⅲ 불문민법 ············································································································13
제2장 민법전의 성립과 민법의 기본원리
§4 민법전의 성립 ····································································································22
Ⅰ 총설 ···················································································································22
Ⅱ 우리 민법전의 성립 ·························································································22
Ⅲ 독일 민법전((Mrgerliches Gesetzbuch: (G() ··········································26
Ⅳ 프랑스 민법전(Code Civil) ·············································································29
Ⅴ 스위스 민법전 ··································································································30
Ⅵ 일본 민법전 ······································································································32
§5 민법의 기본원리 ································································································35
Ⅰ 총설 ···················································································································35
Ⅱ 사적자치(私的自治)의 원칙 ·············································································35
Ⅲ 사회적 형평의 원칙 ··························································································37
Ⅳ 신뢰보호의 원칙 ·······························································································39
Ⅴ 우리 민법의 문제점과 과제 ·············································································41
제3장 민법의 해석과 적용
§6 법의 적용 ············································································································45
Ⅰ 법의 적용의 의의 ·····························································································45
Ⅱ 재판상 법의 적용 ·····························································································45
Contents
§7 법의 해석 ·············································································································47
Ⅰ 법의 해석의 의의 ·····························································································47
Ⅱ 해석의 목표 ······································································································47
Ⅲ 해석의 방법 ······································································································47
Ⅳ 해석의 기술 ······································································································49
Ⅴ 법의 틈의 보충 ·································································································51
Ⅵ 법의 발견 내지 형성(Rechtfindung, Rechtsfortbildung) ··························51
제2편 본 론
제1장 법률관계와 권리 · 의무
§8 법률관계 ··············································································································54
Ⅰ 의의 ···················································································································54
Ⅱ 내용 ···················································································································55
Ⅲ 호의관계 ············································································································55
Ⅳ 법률관계의 변동 ·······························································································56
§9 권리와 의무 ········································································································57
Ⅰ 권리 ····················································································································57
Ⅱ 의무 ···················································································································59
§10 권리의 종류 ·······································································································61
Ⅰ 내용에 의한 분류 ······························································································61
Ⅱ 작용에 의한 분류 ·····························································································63
Ⅲ 기타의 분류 ······································································································64
§11 권리의 경합과 충돌 ·························································································66
Ⅰ 권리의 경합 ······································································································67
Ⅱ 권리의 충돌과 순위 ·························································································68
§12 권리의 행사와 의무의 이행: 신의칙과 권리남용 금지의 원칙 ···········70
Ⅰ 권리행사의 의의 ·······························································································70
Ⅱ 권리의 행사방법 ·······························································································70
Ⅲ 권리행사의 한계·제한 ····················································································71
Ⅳ 의무의 이행 ·······································································································72
Ⅴ 신의성실의 원칙 ·······························································································72
Ⅵ 권리남용금지의 원칙 ·······················································································89
§13 권리의 보호 ······································································································95
Ⅰ 서설 ···················································································································95
Ⅱ 국가구제(공력구제) ··························································································95
Ⅲ 사적 구제(사력구제) ·························································································97
Contents
제2장 권리의 변동
§14 총설 ··················································································································100
Ⅰ 법률관계의 변동 ·····························································································100
Ⅱ 권리변동의 모습 ·····························································································100
Ⅲ 권리변동의 원인 ·····························································································101
§15 법률행위와 의사표시 ·····················································································103
Ⅰ 법률행위의 의의 ·····························································································103
Ⅱ 연혁 ·················································································································103
Ⅲ 법률행위자유의 원칙과 그 수정 ···································································104
Ⅳ 의사표시 일반론 ·····························································································105
Ⅴ 법률행위의 요건 ······························································································114
Ⅵ 법률행위의 종류 ······························································································116
§16 법률행위의 목적 ·····························································································125
Ⅰ 의의 ··················································································································125
Ⅱ 목적의 확정 ·····································································································126
Ⅲ 목적의 가능 ·····································································································126
Ⅳ 목적의 적법 ·····································································································128
Ⅴ 목적의 사회적 타당성 ····················································································139
§17 법률행위의 해석 ·····························································································157
Ⅰ 법률행위 해석의 필요성 ················································································158
Ⅱ 법률행위 해석의 방법 ····················································································159
Ⅲ 법률행위 해석의 표준 ····················································································163
Ⅳ 법률행위의 해석과 착오와의 관계 ·······························································166
Ⅴ 결어 ··················································································································170
§18 결함있는(비정상적) 의사표시 ······································································173
Ⅰ 총설 ··················································································································173
Ⅱ 의사와 표시와의 불일치 ·················································································177
Ⅲ 사기·강박에 의한 의사표시(하자있는 의사표시) ······································212
§19 의사표시의 효력발생 ·····················································································221
Ⅰ 문제의 소재 ·····································································································221
Ⅱ 의사표시의 효력발생시기 ··············································································222
Ⅲ 의사표시의 공시송달 ······················································································227
Ⅳ 의사표시의 수령능력(상대방에 관한 요건) ·················································227
§20 법률행위의 대리 ····························································································228
Ⅰ 총설 ·················································································································228
Ⅱ 대리권(본인·대리인 간의 관계) ··································································234
Ⅲ 대리행위(대리인·상대방 간의 관계) ··························································252
Contents
Ⅳ 대리의 효과(본인·상대방 간의 관계) ························································259
Ⅴ 복대리(復代理) ·······························································································260
Ⅵ 무권대리 ··········································································································262
§21 법률행위의 무효와 취소 ··············································································286
Ⅰ 개설 ·················································································································287
Ⅱ 법률행위의 무효 ·····························································································288
Ⅲ 법률행위의 취소 ·····························································································299
§22 법률행위의 부관 ····························································································305
Ⅰ 서설 ·················································································································306
Ⅱ 조건 ·················································································································306
Ⅲ 기한 ··················································································································311
§23 기간 ··················································································································315
Ⅰ 기간의 의의 ·····································································································315
Ⅱ 기간의 계산방법 ·····························································································315
Ⅲ 기간계산의 구체적 예 ····················································································316
§24 소멸시효 ··········································································································317
Ⅰ 총설 ··················································································································317
Ⅱ 소멸시효의 요건 ·····························································································322
Ⅲ 소멸시효의 중단과 정지 ················································································331
Ⅳ 소멸시효의 효력 ····························································································340
제3장 권리의 주체
§25 권리의 주체 총설 ··························································································346
Ⅰ 권리의 주체 ····································································································346
Ⅱ 민법상의 능력 개관 ·······················································································346
§26 자연인 ··············································································································348
Ⅰ 권리능력 ··········································································································348
Ⅱ 의사능력 ··········································································································363
Ⅲ 행위능력 ··········································································································367
Ⅳ 주소 ·················································································································392
Ⅴ 부재와 실종 ····································································································395
§27 법인 ··················································································································408
Ⅰ 서설 ·················································································································408
Ⅱ 법인의 설립 ····································································································434
Ⅲ 법인의 능력 ····································································································445
Ⅳ 법인의 기관 ····································································································457
Ⅴ 법인의 주소 ····································································································469
Contents
Ⅵ 정관의 변경 ····································································································470
Ⅶ 법인의 소멸 ····································································································473
Ⅷ 법인의 등기 ····································································································479
Ⅸ 법인의 감독 ····································································································481
Ⅹ 외국법인 ··········································································································482
제4장 권리의 객체
§28 권리의 객체 총설 및 물건 ·········································································· 484
Ⅰ 총설 ·················································································································484
Ⅱ 물건 ·················································································································485
Ⅲ 동산과 부동산 ································································································492
Ⅳ 주물과 종물 ····································································································501
Ⅴ 원물과 과실 ····································································································503
색인 ····························································································································506

머리말

개정 제9판을 내면서

이번 판에서는 Law School 내지 법학에서 민법의 이해에 첫걸음이 수월하도록 책을 가다듬는 것이 급선무였다. 이에 따라 서술의 차례도 지난 판처럼 주제의 중요도에 따라 배치하였고 또한 이해하기 어려운 부분은 쉽게 풀어쓰고 어려운 한자는 가능한 줄여 한글화하였다. 최근 민사특별법의 명칭이 수없이 수시로바뀌고 있다. 이에 따라 새로운 법령？？판례의 변화도 반영하였다.

판례는 2023년판결까지 반영하였다. 법을 처음 배우는 자에게 민법총칙 교과서는 법학입문서로도 기능한다. 법학교육에서 민법총칙학습의 중요성은 더 이상 강조할 필요도 없을 것이다. 아무쪼록이 책이 독자들의 민법 입문은 물론 민법학습 심화에도 보탬이 되기를 기대한다.

어려운 출판 환경임에도 흔쾌히 출간을 허락하고 개정판에 심혈을 기울여 준 ‘네오고시뱅크’의 정주형 사장님과 편집 실무자에게 감사드린다.

2024년 2월
마포 연구실에서
白泰昇 씀