제 1 편 민 법 총 칙
제1장 민법 일반 / 3
제1절 민법의 의의 ················································3
Ⅰ. 사법·일반사법·실체법으로서의 민법·············· 3
Ⅱ. 실질적 의미의 민법과 형식적 의미의 민법······· 4
제2절 민법의 법원 ····················································· 4
Ⅰ. 법원의 의의·························································· 4
Ⅱ. 민법의 법원의 종류············································· 5
제3절 민법의 기본원리 ············································ 8
Ⅰ. 사적자치의 원칙··················································· 8
Ⅱ. 사회적 형평의 원칙············································· 9
제2장 권 리 / 12
제1절 법률관계와 권리·의무 ······························· 12
Ⅰ. 법률관계······························································ 12
Ⅱ. 권 리··································································· 13
Ⅲ. 의 무··································································· 13
제2절 권리의 종류 ··················································· 14
Ⅰ. 내용에 의한 분류··············································· 14
Ⅱ. 작용(효력)에 의한 분류····································· 15
Ⅲ. 기타의 분류························································ 16
제3절 권리의 충돌과 경합 ···································· 17
Ⅰ. 권리의 충돌························································ 17
Ⅱ. 권리의 경합························································ 18
제4절 권리의 행사와 의무의 이행 ····················· 19
Ⅰ. 권리행사의 한계················································· 19
Ⅱ. 신의성실의 원칙················································· 20
Ⅲ. 신의칙의 파생원칙·············································· 21
제3장 권리의 주체 / 29
제1절 총 설 ································································ 29
제2절 자연인 ······························································ 29
제1관 자연인의 능력 ················································ 29
Ⅰ. 권리능력······························································ 30
Ⅱ. 행위능력······························································ 36
제2관 자연인의 주소 ················································ 54
Ⅰ. 총 설··································································· 54
Ⅱ. 민법상주소·························································· 54
제3관 자연인의 부재와 실종 ··································· 56
Ⅰ. 부재자의 재산관리·············································· 56
Ⅱ. 실종선고······························································ 60
제3절 법 인 ································································ 66
제1관 총설 ······························································· 66
Ⅰ. 법인제도······························································ 66
Ⅱ. 법인격의 부인····················································· 66
Ⅲ. 법인의 종류························································ 67
제2관 법인의 설립 ···················································· 68
Ⅰ. 법인설립일반······················································· 68
Ⅱ. 비영리 사단법인의 설립···································· 68
Ⅲ. 재단법인의 설립················································· 71
제3관 법인의 능력 ···················································· 75
Ⅰ. 개 요··································································· 75
Ⅱ. 권리능력······························································ 75
Ⅲ. 행위능력······························································ 76
Ⅳ. 불법행위능력······················································· 77
제4관 법인의 기관 ···················································· 80
Ⅰ. 총 설··································································· 80
Ⅱ. 이 사··································································· 80
Ⅲ. 감 사··································································· 87
Ⅳ. 사원총회······························································ 87
제5관 법인의 주소 ···················································· 90
제6관 정관의 변경 ···················································· 90
Ⅰ. 의 의··································································· 90
Ⅱ. 사단법인의 정관변경·········································· 90
Ⅲ. 재단법인의 정관변경·········································· 91
제7관 법인의 소멸 ···················································· 93
Ⅰ. 의 의··································································· 93
Ⅱ. 법인의 해산························································ 93
Ⅲ. 법인의 청산························································ 94
제8관 법인의 감독 ···················································· 96
제9관 권리능력 없는 사단과 재단 ························· 97
Ⅰ. 의 의··································································· 97
Ⅱ. 권리능력 없는 사단············································ 97
제4장 권리의 객체 / 104
제1절 총 설 ······························································ 104
제2절 물 건 ······························································ 104
Ⅰ. 의 의(요 건) ······················································ 104
Ⅱ. 물건의 분류······················································· 106
Ⅲ. 부동산과 동산··················································· 107
Ⅳ. 주물과 종물······················································· 110
Ⅴ. 원물과 과실······················································· 113
제5장 권리의 변동 / 115
제1절 총 설 ······························································ 115
제2절 법률행위 ························································ 118
제1관 총설 ····························································· 118
Ⅰ. 법률행위일반····················································· 118
Ⅱ. 법률행위의 요건··············································· 119
Ⅲ. 법률행위의 종류··············································· 120
제2관 법률행위의 해석 ·········································· 121
Ⅰ. 의 의·································································· 121
Ⅱ. 법률행위해석의 방법········································ 122
Ⅲ. 법률행위해석의 기준········································ 123
제3관 법률행위의 내용(목적) ································ 124
Ⅰ. 서 설·································································· 124
Ⅱ. 내용의 확정성··················································· 124
Ⅲ. 내용의 실현가능성············································ 124
Ⅳ. 내용의 적법성··················································· 125
Ⅴ. 내용의 사회적 타당성······································ 127
제4관 의사표시 ························································ 140
Ⅰ. 총 설·································································· 140
Ⅱ. 진의 아닌 의사표시(비진의표시) ····················· 140
Ⅲ. 허위표시···························································· 143
Ⅳ. 착 오·································································· 147
Ⅴ. 하자있는 의사표시(사기·강박에 의한 의사표시) ··········································································· 153
Ⅵ. 상대방 있는 의사표시의 효력발생·················· 157
제5관 대리 ····························································· 161
제1항 총 설 ······························································ 161
Ⅰ. 대리제도···························································· 161
Ⅱ. 대리의 법적성질··············································· 161
Ⅲ. 대리의 종류······················································· 162
제2항 대리의 3면 관계 ··········································· 163
Ⅰ. 대리권(본인·대리인사이의 관계) ··················· 163
Ⅱ. 대리행위(대리인·상대방 사이의 관계) ·········· 170
Ⅲ. 대리의 효과(본인·상대방사이의 관계) ·········· 174
제3항 복대리 ···························································· 175
Ⅰ. 복대리인···························································· 175
Ⅱ. 대리인의 복임권과 그 책임····························· 175
Ⅲ. 복대리의 3면관계············································· 177
Ⅳ. 복대리인의 복임권············································ 178
Ⅴ. 복대리권의 소멸··············································· 178
Ⅵ. 복대리와 표현대리············································ 178
제4항 무권대리 ························································· 179
Ⅰ. 총 설·································································· 179
Ⅱ. 표현대리···························································· 179
Ⅲ. 협의의 무권대리··············································· 187
제6관 무효와 취소 ·················································· 195
Ⅰ. 총 설·································································· 195
Ⅱ. 무 효·································································· 196
Ⅲ. 취 소·································································· 204
제7관 조건과 기한 ·················································· 212
Ⅰ. 총 설·································································· 212
Ⅱ. 조 건·································································· 212
Ⅲ. 기 한·································································· 217
제3절 기 간 ······························································ 220
Ⅰ. 기간일반···························································· 220
Ⅱ. 기간의 계산방법··············································· 220
제4절 소멸시효 ························································ 222
Ⅰ. 총 설·································································· 222
Ⅱ. 소멸시효의 요건··············································· 224
Ⅲ. 시효의 장애… 시효의 중단과 시효의 정지···· 232
Ⅳ. 소멸시효의 효력··············································· 241
제 2 편 채 권 총 칙
제1장 총 설 / 249
제1절 채권법 일반 ·················································· 249
Ⅰ. 서 설·································································· 249
제2절 채권과 채무 ················································· 250
Ⅰ. 채권의 정의······················································· 250
Ⅱ. 채 무·································································· 250
제2장 채권의 목적 / 252
제1절 총 설 ······························································ 252
Ⅰ. 채권의 목적의 의의·········································· 252
Ⅱ. 채권의 목적의 요건·········································· 252
제2절 목적에 의한 채권의 종류 ························ 253
Ⅰ. 특정물채권························································ 253
Ⅱ. 종류채권···························································· 255
Ⅲ. 금전채권···························································· 257
Ⅳ. 이자채권···························································· 260
Ⅴ. 선택채권···························································· 262
Ⅵ. 임의채권···························································· 266
제3장 채권의 효력 / 267
제1절 총 설 ······························································ 267
제2절 채권의 기본적 효력 ··································· 267
Ⅰ. 청구력·급부보유력·강제력··························· 267
Ⅱ. 강제력이 없는 채권·········································· 268
제3절 채무불이행과 그 구제 ······························ 270
제1관 총설 ····························································· 270
Ⅰ. 채무불이행의 공통요건···································· 270
Ⅱ. 이행보조자의 고의·과실································· 271
Ⅲ. 면책특약···························································· 273
Ⅳ. 채무불이행에 관한 입증책임··························· 274
제2관 채무불이행의 유형 ······································· 275
Ⅰ. 민법의 규정······················································· 275
Ⅱ. 이행지체···························································· 275
Ⅲ. 이행불능···························································· 280
Ⅳ. 불완전이행(적극적 채권침해) ·························· 284
Ⅴ. 이행거절···························································· 286
제3관 채무불이행에 대한 구제 ····························· 287
Ⅰ. 강제이행···························································· 287
Ⅱ. 손해배상···························································· 289
제4절 채권자지체 ··················································· 304
Ⅰ. 의 의·································································· 304
Ⅱ. 효 과·································································· 304
제5절 채권의 대외적 효력 ·································· 305
제1관 책임재산의 보전 ·········································· 305
Ⅰ. 총 설·································································· 305
Ⅱ. 채권자대위권····················································· 306
Ⅲ. 채권자취소권····················································· 316
제2관 제3자에 의한 채권침해 ······························ 329
Ⅰ. 서 설·································································· 329
Ⅱ. 제3자의 채권침해에 대한 구제······················· 329
제4장 수인의 채권자 및 채무자 / 330
제1절 총 설 ······························································ 330
Ⅰ. 서 설·································································· 330
Ⅱ. 민법이 공통적으로 규율하는 사항·················· 330
제2절 분할채권관계 ··············································· 331
Ⅰ. 의 의·································································· 331
Ⅱ. 분할채권과 분할채무의 성립··························· 331
Ⅲ. 분할채권관계의 효력········································ 332
제3절 불가분채권관계 ··········································· 333
Ⅰ. 서 설·································································· 333
Ⅱ. 불가분채권························································ 333
Ⅲ. 불가분채무························································ 334
제4절 연대채무 ························································ 336
Ⅰ. 총 설·································································· 336
Ⅱ. 연대채무의 성립··············································· 337
Ⅲ. 연대채무의 효력··············································· 337
Ⅳ. 부진정연대채무················································· 343
제5절 보증채무 ························································ 346
Ⅰ. 의의 및 성질····················································· 346
Ⅱ. 보증채무의 성립··············································· 347
Ⅲ. 보증채무의 범위··············································· 350
Ⅳ. 보증채무의 효력··············································· 351
Ⅴ. 특수한 보증······················································· 357
제5장 채권양도와 채무인수 / 361
제1절 총 설 ······························································ 361
Ⅰ. 민법의 규정······················································· 361
제2절 채권의 양도 ················································· 362
제1관 채권양도의 의의 및 성질 ··························· 362
Ⅰ. 의 의·································································· 362
Ⅱ. 법적성질···························································· 362
제2관 지명채권의 양도 ·········································· 363
Ⅰ. 지명채권의 양도성············································ 363
Ⅱ. 지명채권양도의 대항요건································· 366
제3관 증권적채권의 양도 ······································· 373
Ⅰ. 지시채권의 양도··············································· 373
Ⅱ. 무기명채권의 양도············································ 373
제3절 채무의 인수 ················································· 374
Ⅰ. 채무인수의 의의 및 성질································· 374
Ⅱ. 채무인수의 요건··············································· 374
Ⅲ. 채무인수의 효과··············································· 377
Ⅳ. 채무인수와 유사한 제도··································· 379
제6장 채권의 소멸 / 382
제1절 총 설 ······························································ 382
제2절 변 제 ······························································ 382
제1관 총 설 ····························································· 382
제2관 변제의 제공 ·················································· 382
Ⅰ. 변제제공의 방법··············································· 382
Ⅱ. 변제제공의 효과··············································· 384
제3관 변제의 내용 ·················································· 385
Ⅰ. 변제의 당사자 ： 변제자와 변제수령자········· 385
Ⅱ. 변제의 목적물··················································· 388
Ⅲ. 변제의 장소······················································· 390
Ⅳ. 변제의 시기······················································· 390
Ⅴ. 변제의 비용······················································· 391
제4관 변제의 효과 ·················································· 391
Ⅰ. 변제의 증거······················································· 391
Ⅱ. 변제의 충당······················································· 391
Ⅲ. 변제자 대위······················································· 394
제3절 대물변제 ························································ 400
Ⅰ. 의의 및 성질····················································· 400
Ⅱ. 요 건·································································· 400
Ⅲ. 효 과·································································· 401
제4절 공 탁 ······························································ 402
Ⅰ. 서 설·································································· 402
Ⅱ. 공탁의 요건······················································· 402
Ⅲ. 공탁의 효과······················································· 404
Ⅳ. 공탁물의 회수··················································· 405
제5절 상 계 ······························································ 407
Ⅰ. 총 설·································································· 407
Ⅱ. 요 건·································································· 407
Ⅲ. 상계의 금지······················································· 410
Ⅳ. 상계의 방법······················································· 413
Ⅴ. 효 과·································································· 414
제6절 경 개 ······························································ 416
Ⅰ. 의의 및 기능····················································· 416
Ⅱ. 요 건·································································· 416
Ⅲ. 경개의 당사자··················································· 417
제7절 면 제 ······························································ 417
제8절 혼 동 ······························································ 418
제 3 편 채 권 각 칙
제1장 계약 총칙 / 421
제1절 계약의 종류 ················································ 421
제2절 계약의 성립 ················································· 423
제1관 서설 ····························································· 423
제2관 일반계약의 성립 ·········································· 424
Ⅰ. 청약과 승낙······················································· 424
Ⅱ. 교차청약···························································· 427
Ⅲ. 의사실현···························································· 427
제3관 계약체결상의 과실 ····································· 428
제3절 계약의 효력 ················································· 429
제1관 총설 ····························································· 429
제2관 쌍무계약의 효력 ·········································· 429
Ⅰ. 쌍무계약의 특질(견련성) ·································· 429
Ⅱ. 동시이행의 항변권············································ 430
Ⅲ. 위험부담···························································· 439
제3관 제3자를 위한 계약 ······································ 442
Ⅰ. 총 설·································································· 442
Ⅱ. 제3자를 위한 계약의 성립요건······················· 443
Ⅲ. 제3자를 위한 계약의 효력······························· 444
제4절 계약의 해제 및 해지 ································ 447
제1관 총설 ····························································· 447
제2관 계약의 해제 ················································ 447
제1항 계약해제 일반 ··············································· 447
Ⅰ. 해제권의 발생원인············································ 447
Ⅱ. 해제와 구별되는 제도······································ 447
제2항 법정해제권 ····················································· 450
Ⅰ. 해제권의 발생··················································· 450
Ⅱ. 해제권의 행사··················································· 453
Ⅲ. 해제의 효과······················································· 455
Ⅳ. 해제권의 소멸··················································· 461
제3항 약정해제권 ····················································· 462
제3관 계약의 해지 ·················································· 463
Ⅰ. 해지의 의의······················································· 463
Ⅱ. 해지권의 발생··················································· 463
Ⅲ. 해지의 효과······················································· 463
제2장 계약 각칙 / 464
제1절 증 여 ······························································ 465
Ⅰ. 증여의 의의 및 성질········································ 465
Ⅱ. 증여의 효력······················································· 465
Ⅲ. 특수한 증여······················································· 468
제2절 매 매 ······························································ 470
제1관 매매일반 ························································ 470
Ⅰ. 매매의 의의 및 성질········································ 470
제2관 매매의 성립 ·················································· 470
Ⅰ. 매매의 성립요건··············································· 470
Ⅱ. 매매의 성립에 관한 특칙································· 470
제3관 매매의 효력 ·················································· 476
제1항 매매의 기본적효력 ········································ 476
Ⅰ. 매도인의 의무··················································· 476
Ⅱ. 매수인의 (대금지급)의무·································· 477
제2항 매도인의 담보책임 ········································ 478
Ⅰ. 총 설·································································· 478
Ⅱ. 매도인의 담보책임············································ 479
제4관 환매 ····························································· 488
Ⅰ. 환매의 의의······················································· 488
Ⅱ. 환매의 요건······················································· 488
Ⅲ. 환매권의 행사··················································· 489
제3절 교 환 ······························································ 489
제4절 소비대차 ························································ 490
Ⅰ. 의의 및 법적성질·············································· 490
Ⅱ. 소비대차의 성립··············································· 490
Ⅲ. 소비대차의 효력··············································· 491
Ⅳ. 대물반환의 예약··············································· 493
Ⅴ. 준소비대차························································ 494
제5절 사용대차 ························································ 496
Ⅰ. 의의 및 법적성질·············································· 496
Ⅱ. 사용대차의 성립··············································· 496
Ⅲ. 사용대차의 효력··············································· 496
Ⅳ. 사용대차의 종료··············································· 497
제6절 임대차 ···························································· 499
제1관 총설 ····························································· 499
Ⅰ. 의의 및 성질····················································· 499
Ⅱ. 임대차에 관한 규율·········································· 499
제2관 민법상의 임대차 ·········································· 500
제1항 임대차의 성립 ··············································· 500
Ⅰ. 임대차의 성립요건············································ 500
Ⅱ. 임대차의 존속기간············································ 500
제2항 임대차의 효력··············································· 502
Ⅰ. 임대인의 의무··················································· 502
Ⅱ. 임차인의 권리와 의무······································ 503
Ⅲ. 임차권의 양도와 임차물의 전대······················ 510
Ⅳ. 보증금과 권리금··············································· 515
제3항 임대차의 종료··············································· 517
Ⅰ. 종료원인···························································· 517
Ⅱ. 종료효과···························································· 518
제3관 특별법상의 임대차 ······································· 520
제1항 「주택임대차보호법」에 의한 임대차 ············· 520
Ⅰ. 적용범위···························································· 520
Ⅱ. 주택임차권의 대항력········································ 521
Ⅲ. 주택임대차의 존속기간···································· 524
Ⅳ. 차임·보증금의 증감청구권 등························ 525
Ⅴ. 보증금의 회수··················································· 525
Ⅵ. 보증금중 일정액의 보호··································· 526
Ⅶ. 주택임차권의 승계············································ 527
제2항 「상가건물임대차보호법」에 의한 임대차····· 528
제7절 고 용 ······························································ 529
Ⅰ. 고용의 의의 및 성질········································ 529
Ⅱ. 고용의 효력······················································· 529
Ⅲ. 고용의 종료······················································· 530
제8절 도 급 ······························································ 531
Ⅰ. 도급일반···························································· 531
Ⅱ. 도급의 효력······················································· 532
Ⅲ. 도급의 종료… 도급의 특유한 해제················ 538
제8절의2 여행계약·················································· 540
제9절 현상광고 ······················································· 542
Ⅰ. 의의 및 성질····················································· 542
Ⅱ. 현상광고효력····················································· 542
Ⅲ. 우수현상광고····················································· 543
제10절 위 임 ···························································· 544
Ⅰ. 위임일반···························································· 544
Ⅱ. 위임의 효력······················································· 545
Ⅲ. 위임의 종료······················································· 548
제11절 임 치 ····························································· 550
Ⅰ. 임치일반···························································· 550
Ⅱ. 임치의 효력······················································· 550
Ⅲ. 임치의 종료······················································· 552
Ⅳ. 소비임치···························································· 553
제12절 조 합 ···························································· 554
Ⅰ. 조합일반···························································· 554
Ⅱ. 조합의 성립······················································· 554
Ⅲ. 조합의 사무집행··············································· 555
Ⅳ. 조합의 재산관계··············································· 556
Ⅴ. 조합원의 변동··················································· 559
Ⅵ. 조합의 해산 및 청산········································ 561
제13절 화 해 ···························································· 562
Ⅰ. 화해의 의의······················································· 562
Ⅱ. 화해의 효력······················································· 562
제3장 사무관리 / 563
제1절 총 설 ······························································ 563
제2절 사무관리의 성립요건 ································ 564
제3절 사무관리의 효과 ········································· 565
제4장 부당이득 / 567
제1절 서 설 ······························································ 567
제2절 부당이득의 성립요건 ································ 568
제3절 부당이득반환청구가 부정되는 특례 ····· 570
제4절 부당이득의 효과 ········································· 573
제5절 다수당사자사이의 부당이득 ···················· 576
제5장 불법행위 / 578
제1절 일반불법행위 ················································ 579
Ⅰ. 고의 또는 과실················································· 579
Ⅱ. 책임능력···························································· 580
Ⅲ. 위법성································································ 581
Ⅳ. 손해의 발생······················································· 581
제2절 특수불법행위 ··············································· 582
제1항 책임무능력자의 감독자의 책임 ···················· 582
Ⅰ. 의 의·································································· 582
Ⅱ. 효 과·································································· 582
제2항 사용자의 책임 ··············································· 584
Ⅰ. 서 설·································································· 584
Ⅱ. 요 건·································································· 585
Ⅲ. 효 과·································································· 589
제3항 공작물 등의 점유자와 소유자의 책임 ········· 590
Ⅰ. 서 설·································································· 591
Ⅱ. 요 건·································································· 591
Ⅲ. 효 과·································································· 593
제4항 동물의 점유자의 책임 ··································· 594
제5항 공동불법행위자의 책임 ]p.345 ····················· 595
Ⅰ. 서 설·································································· 595
Ⅱ. 공동불법행위의 유형별 요건··························· 595
Ⅲ. 효 과·································································· 597
제3절 불법행위의 효과 ········································· 600
Ⅰ. 손해배상청구권의 발생···································· 600
Ⅱ. 손해배상청구권의 내용···································· 600
Ⅲ. 손해배상액의 산정············································ 601
Ⅳ. 불법행위에 의한 손해배상청구권···················· 603
사항 색인 - 가나다 順 - / 607
판례 색인 - 대법원판결?결정 - / 609
