HOME > Detail View

Detail View

재산권의 개념과 변화

재산권의 개념과 변화 (Loan 9 times)

Material type
단행본
Personal Author
이장희, 연구책임
Corporate Author
한국. 헌법재판소. 헌법재판연구원
Title Statement
재산권의 개념과 변화 / [헌법재판소 헌법재판연구원 편]
Publication, Distribution, etc
서울 :   헌법재판소 헌법재판연구원,   2016  
Physical Medium
iv, 97 p. ; 26 cm
Series Statement
헌법이론과 실무 ;2016-A-2
General Note
연구책임: 이장희  
Bibliography, Etc. Note
참고문헌: p. 93-97
000 00000nam c2200205 c 4500
001 000045867979
005 20160321144308
007 ta
008 160321s2016 ulk b 000c korYA
040 ▼a 211009 ▼c 211009 ▼d 211009
074 ▼k 33-9750040-000095-01
082 0 4 ▼a 342 ▼2 23
085 ▼a 342 ▼2 DDCK
090 ▼a 342 ▼b 2011z3 ▼c 2016.A.2
110 ▼a 한국. ▼b 헌법재판소. ▼b 헌법재판연구원
245 1 0 ▼a 재산권의 개념과 변화 / ▼d [헌법재판소 헌법재판연구원 편]
260 ▼a 서울 : ▼b 헌법재판소 헌법재판연구원, ▼c 2016
300 ▼a iv, 97 p. ; ▼c 26 cm
440 0 0 ▼a 헌법이론과 실무 ; ▼v 2016-A-2
500 ▼a 연구책임: 이장희
504 ▼a 참고문헌: p. 93-97
700 1 ▼a 이장희, ▼e 연구책임
945 ▼a KLPA

Holdings Information

No. Location Call Number Accession No. Availability Due Date Make a Reservation Service
No. 1 Location Main Library/Law Library(Books/B1)/ Call Number 342 2011z3 2016.A.2 Accession No. 111753127 Availability Available Due Date Make a Reservation Service B M
No. 2 Location Main Library/Law Library(Books/B1)/ Call Number 342 2011z3 2016.A.2 Accession No. 111753128 Availability Available Due Date Make a Reservation Service B M

Contents information

Table of Contents

Ⅰ. 서 론 / 1
1. 문제의 배경과 소재(所在) ·················································································· 1
2. 연구의 목적 및 구성방향과 범위 ······································································ 2
Ⅱ. 재산권의 역사적 변화와 발전 / 4
1. 근대 이전의 재산권 관념 ··················································································· 4
가. 고대의 재산권 관념 ······················································································ 4
나. 서양 중세의 재산권 관념 ············································································ 8
다. 중세 경제구조의 쇠퇴와 재산권 관념의 변화 ·········································· 9
2. 재산권의 절대적 보장에서 상대적 보장으로 ················································· 10
가. 근대적 재산권의 성립과 재산권이론의 발전 ·········································· 10
나. 재산권에 대한 비판적 이론의 발전 ························································· 16
다. 근대 민법의 제정과 재산권의 절대적 보장 ············································ 19
라. 재산권의 사회성과 재산권의 상대적 보장 ·············································· 21
(1) 근대 산업사회의 심화에 따른 사회적 문제의 대두 ························ 21
(2) 근대 민사법 원칙의 수정과 재산권의 공법적 규제 ························ 22
(3) 재산권의 사회성과 재산권의 상대적 보장 ········································ 22
3. 사회경제구조의 변화에 따른 재산권의 새로운 변화 ···································· 25
가. 사회경제구조의 변화 ·················································································· 25
나. 재산권 변화의 양상 ···················································································· 28
다. 재산질서의 새로운 변화에 대한 재산권 개념의 역할과 한계 ·············· 31
Ⅲ. 재산권의 개념의 분석적 이해 / 33
1. 재산권 개념의 일반적 이해와 문제점 ···························································· 33
가. “재산권”에 대한 실정법상 규정들 ···························································· 33
(1) 헌법상의 재산권과 법률상의 재산권 ················································· 33
(2) 양자의 관계 ··························································································· 35
나. 재산권 개념에 대한 기존의 이해와 문제점 ············································ 35
(1) 종래 재산권 개념에 대한 헌법재판소의 이해 ·································· 35
(2) 종래의 이해 방식에 대한 문제의 제기 ············································· 39
다. 현행 법제에 드러나 있는 재산권의 개념 구조 ······································ 42
라. 재산권의 개념 구조와 이를 통한 재산권의 분석적 접근 ····················· 44
2. 재산에 대한 지배와 그 정당성의 근거로서 재산권 ····································· 45
가. ‘재산’ ············································································································ 45
(1) 재산의 의미 ··························································································· 45
(2) 재산의 본질 ··························································································· 47
(3) 재산의 다양성과 가변성 ······································································ 48
(4) 재산의 유형과 성격 ·············································································· 49
(가) 재산의 성격 ··················································································· 49
(나) 재산의 유형별 성격 ······································································ 51
나. 재산에 대한 ‘지배’ ····················································································· 52
(1) 지배 ········································································································ 52
(가) 인간의 삶과 재산의 향유 ···························································· 52
(나) ‘재산에 대한 향유’로서의 지배 ·················································· 52
(다) 지배의 사실적 개시 ······································································ 52
(라) 지배의 유형과 변화 가능성 ························································· 53
(2) 지배의 주체 ··························································································· 54
(가) 지배주체의 다원성과 변경 가능성 ············································· 54
(나) 사실적 지배주체와 재산권주체의 분리 가능성 ························ 55
(다) 국유재산에 대한 국가의 재산법적 지위: ‘법률적 지위’ ········· 56
(라) 외국인의 재산권 주체성과 재산권 제한의 가능성 ··················· 56
(3) 재산지배의 사회적 관련성과 정당화의 문제 ···································· 58
다. 재산지배의 정당화와 그 법적 근거로서의 ‘재산권’ ······························ 59
(1) 재산권의 의미와 내용 ·········································································· 59
(가) ‘재산지배의 정당화’와 재산법 질서의 역할 ····························· 59
(나) ‘재산에 대한 정당한 지배 권원’으로서의 재산권 ···················· 61
(다) 재산권의 내용 (보호대상) ···························································· 62
(2) 재산지배의 합법적 제약과 재산권 제한 ··········································· 63
(가) 재산권에 대한 제한의 의미 ························································· 63
(나) 재산권 제한의 근거로서 재산권의 사회적 구속성 ··················· 65
(다) 재산의 감소와 재산권의 제한 문제 ··········································· 66
(3) 재산에 대한 불법적 지배와 재산권 침해 ·········································· 67
(가) 재산권 침해의 의미 ······································································ 67
(나) 국가에 의한 재산권 침해와 법적 평가의 방법 ························ 68
(다) 사인에 의한 재산권 침해와 법적 평가의 방법 ························ 68
라. 소결 ··············································································································· 69
3. 재산권 보장의 현실적 기능과 한계 ································································ 70
가. 자유실현을 위한 경제적 기초의 확보 ······················································ 70
나. 사회국가 실현의 조건 및 수단 ································································· 70
다. 재산권의 행사를 통한 경제관계의 형성 ·················································· 71
라. 큰 재산과 작은 재산에 따른 재산권의 차이 ·········································· 71
마. 재산 없는 자의 재산권과 사회권의 상관성 ············································ 73
Ⅳ. 재산권의 헌법적 보장과 재산권성의 인정문제 / 74
1. 기본권으로서의 재산권과 그 특성 ·································································· 74
가. 제23조 제1항 제1문 재산권의 헌법적 보장 ············································ 74
나. 기본권의 이중성 ·························································································· 74
다. 재산권의 입법적 형성(제한)과 그 한계로서의 재산권 개념 ················· 75
2. 기본권으로서의 재산권과 구체적 권리의 구별 ············································· 76
가. 기본권과 법률적 권리의 구별 ··································································· 76
나. 집합적 권리로서의 ‘재산권’ ······································································ 78
다. 법률적 권리로서의 재산법상 구체적 재산적 권리들 ····························· 78
3. 재산권성의 인정문제 ························································································· 79
가. 재산권성의 의미와 판단의 문제 ······························································· 79
(1) 재산권성의 의미 ··················································································· 79
(2) 재산권성이 문제 되는 이유와 법적 실익 ·········································· 79
(3) 재산권성 판단의 바람직한 방향 ························································· 80
나. 재산권성의 인정 기준 ················································································ 81
(1) 재산권의 개념에 새로운 이해와 재산권성의 판단 ·························· 81
(2) 자기기여 요건이 일반적 인정 기준인가? ·········································· 82
(3) 처분의 금지와 재산권성 ······································································ 85
다. 구체적 사례의 검토: 권리금 채권의 재산권성 ······································· 86
Ⅴ. 결 론 / 89
❚참고문헌 ······················································································································· 93

New Arrivals Books in Related Fields