2022 변리사 高민법

이 책의 차례
Contents

PART 01 민법총칙
CHAPTER 01 민법일반 2
민법의 의의 ··················· 2
민법의 법원 ··················· 3
민법의 기본원리 ··················· 4
민법의 해석 ··················· 5
법률관계와 권리·의무 ··················· 6
권리의 충돌과 경합 ··················· 8
권리의 행사와 의무의 이행 ··················· 9

CHAPTER 02 법률행위 기초이론 18
권리의 변동 일반 ··················· 18
법률행위 서설 ··················· 20
법률행위의 요건 ··················· 21
법률행위의 해석 일반론 ··················· 21
법률행위의 해석의 표준 ··················· 24

CHAPTER 03 행위능력 26
민법상 능력 ··················· 26
자연인의 행위능력 ··················· 27

CHAPTER 04 법률행위의 목적 37
서 설 ··················· 37
확 정 성 ··················· 37
실현가능성 ················· 37
적 법 성 ··················· 38
사회적 타당성 ················ 39

CHAPTER 05 의사표시 47
비진의표시 ················· 47
통정허위표시 ················ 51
착오로 인한 의사표시 ············ 58
사기, 강박에 의한 의사표시 ·········· 65
의사표시의 효력발생시기 ··········· 70

CHAPTER 06 대 리 73
서설 ···················· 73
대리권 ··················· 74
대리행위 ·················· 81
대리행위의 효과 ··············· 84
복대리 ··················· 84
무권대리 ·················· 87

CHAPTER 07 법률행위의 무효와 취소 101
제1절 법률행위의 무효 ··············101
무효.취소 개관 ·············· 101
무효의 유형 ················ 102
유동적 무효 - 국토의 계획 및 이용에 관한 법률상 효력을
중심으로 ·················· 103
무효의 효과 ················ 108
무효의 재생 (3형제) ············ 108
제2절 법률행위의 취소 ··············113

CHAPTER 08 법률행위의 조건·기한 121
서 설 ··················· 121
조 건 ··················· 121
기 한 ··················· 126
기간 - 기간의 계산방법 ··········· 130

CHAPTER 09 소멸시효 132
서 설 ··················· 132
소멸시효의 요건 ·············· 135
소멸시효의 중단·정지 ··········· 145
소멸시효의 효력 ·············· 160

CHAPTER 10 자연인 168
서 설 ··················· 168
자연인의 권리능력 ············· 168
주소 및 부재와 실종 ············ 171

CHAPTER 11 법 인 179
의 의 ··················· 179
법인 아닌 사단 ··············· 179
법인 아닌 재단 ··············· 184
법인의 설립 ················ 185
법인의 능력 ················ 189
법인의 기관 ················ 192
법인의 주소 ················ 199
정관의 변경 ················ 199
법인의 소멸 ················ 201
법인의 등기 ················ 203
법인의 감독 ················ 203

CHAPTER 12 권리의 객체 205
서 설 ··················· 205
물건의 요건 ················ 205
부동산과 동산 ··············· 206
주물과 종물 ················ 208
원물과 과실 ················ 211

PART 02 물권법
CHAPTER 01 물권법 서설 214
서 설 ·················· 214
물권의 객체 ················ 214
물권의 종류 ················ 215
물권의 효력 ················ 216

CHAPTER 02 물권의 변동 220
제1절 서 설
물권변동의 모습 ·············· 220
공시의 원칙과 공신의 원칙 ········· 220
제2절 물권행위
의 의 ·················· 221
물권행위의 유인성 ············· 222
제3절 부동산등기 일반론
등기의 의의 ················ 223
부동산에 관한 공적 장부 ·········· 223
등기의 종류 ················ 226
등기사항 ················· 231
등기절차 ················· 232
등기청구권 ················ 233
등기의 효력 ················ 234
제4절 부동산물권의 변동
법률행위에 의한 부동산물권 변동 ······ 242
법률행위에 의하지 않은 부동산물권 변동 ··· 262
제5절 동산물권의 변동
서 설 ·················· 266
권리자로부터의 취득 (승계취득) ······· 266
무권리자로부터의 취득 (원시취득, 선의취득) · 267
제6절 지상물에 관한 물권변동 ·········· 271
제7절 물권의 소멸
서 설 ·················· 272
목적물의 멸실 ··············· 272
소멸시효 ················· 273
물권의 포기 ················ 273
혼 동 ·················· 274

CHAPTER 03 점유권 277
점 유 ·················· 277
점유권의 취득과 소멸 ··········· 287
점유권의 효력 ··············· 289
준점유 ·················· 296

CHAPTER 04 소유권 297
서 설 ·················· 297
부동산 소유권의 범위 ··········· 298
소유권의 취득 ··············· 312
소유권에 기한 물권적 청구권 ········ 332
공동소유 ················· 339

CHAPTER 05 지상권 356
서 설 ··················· 356
지상권의 취득 ··············· 358
지상권의 존속기간 ············· 358
지상권의 효력 ··············· 360
지상권의 소멸 ··············· 361
특수지상권 ················ 363

CHAPTER 06 지역권 373
서 설 ·················· 373
지역권의 취득 ··············· 374
지역권의 효력 ··············· 375

CHAPTER 07 전세권 376
서 설 ·················· 376
전세권의 취득과 존속기간 ········· 377
전세권의 효력 ··············· 379
전세권의 소멸 ··············· 383

CHAPTER 08 유치권 388
담보물권 총설 ··············· 388
유치권 서설 ················ 391
유치권의 성립요건 ············· 392
유치권의 효력 ··············· 398
유치권의 소멸 ··············· 403

CHAPTER 09 질 권 405
서 설 ··················· 405
동 산 질 권 ················ 406
권리질권 - 채권질권 ············ 414

CHAPTER 10 저당권 419
서 설 ·················· 419
저당권의 성립 ··············· 420
저당권의 효력 ··············· 423
저당권의 처분 및 소멸 ··········· 442
특수저당권 ················ 444

CHAPTER 11 비전형담보 455
서 설 ·················· 455
가등기담보 ················ 456
양 도 담 보 ················ 466

PART 03 채권총론
CHAPTER 01 총 설 472
서 설 ·················· 472
채권의 효력 ················ 473
채무와 책임 ················ 475

CHAPTER 02 채권의 목적 476
일 반 론 ·················· 476
특정물채권 ················ 477
종류채권 ················· 480
금전채권 ················· 483
이자채권 ················· 486
선택채권 ················· 488
임의채권 ················· 490

CHAPTER 03 채무불이행과 채권자지체 491
제1절 채무불이행 일반
총 설 ·················· 491
제2절 채무불이행의 유형
이행지체 ················· 493
이행불능 ················· 499
불완전이행 ················ 505
이행거절 ················· 505
제3절 채무불이행의 효과
손해배상 ················· 508
강제이행 ··············· 524
제4절 채권자지체 ··············525

CHAPTER 04 책임재산의 보전 528
제1절 채권자대위권
총 설 ················ 528
서 설 ················ 528
채권자대위권의 요건 ·········· 529
행 사 ················ 536
행사의 효과 ·············· 540
제2절 채권자취소권
서 설 ················ 542
채권자취소권의 요건 ·········· 543
채권자취소권의 행사 ·········· 552
행사의 효과 ·············· 557
채권자취소권의 소멸 ·········· 559

CHAPTER 05 다수당사자의 채권관계 562
총 설 ················ 562
분할채권관계 ············· 563
불가분채권관계 ············ 564
연대채무 ··············· 566
부진정연대채무 ············ 572
보증채무 ··············· 575

CHAPTER 06 채권양도와 채무인수 589
제1절 채권양도
서 설 ················ 589
지명채권의 양도성 ··········· 590
지명채권 양도의 대항요건 ······· 594
증권적 채권의 양도 ·········· 602
제2절 채무인수
의 의 ················ 603
요 건 ················ 603
채무인수의 효과 ············ 604
유사제도 ··············· 605

CHAPTER 07 채권의 소멸 611
총 설 ·················· 611
제1절 변 제
변제자·변제수령권자 ············ 611
변제의 목적물·장소·시기 ·········· 615
변제의 제공 ················ 617
변제의 충당 ················ 618
변제자 대위 ················ 622
제2절 대물변제 ················ 460
서 설 ·················· 632
요 건 ·················· 632
효 과 ··················· 634
대물변제의 예약 ·············· 634
제3절 공 탁 ·················· 463
서 설 ·················· 635
변제공탁의 요건 ·············· 636
효 과 ·················· 638
공탁물의 회수 ··············· 640
제4절 상 계 ·················· 464
의 의 ·················· 640
상계의 요건 ················ 641
상계의 효과 ················ 647
제5절 기타 소멸원인
경 개 ·················· 648
면 제 ·················· 650
혼 동 ·················· 650

PART 04 채권각론
CHAPTER 01 계약총론 654
제1절 총 설
계약의 의의 ················ 654
계약의 종류 ················ 654
계약의 자유와 제한 ············ 655
약관에 의한 계약의 성립 - 계약의 자유의 한계 656
제2절 계약의 성립
서 설 ·················· 661
청약과 승낙에 의한 계약의 성립 ······· 661
기타의 방법에 의한 계약의 성립 ······· 665
계약체결상의 과실책임 ··········· 666
제3절 계약의 효력
쌍무계약의 효력 ·············· 668
동시이행의 항변권 ············· 669
위험부담 ················· 677
제3자를 위한 계약 ············· 681
제4절 계약의 해제·해지
서 설 ·················· 685
해제권의 발생 ··············· 690
해제권의 행사 ··············· 696
해제의 효과 ················ 698
해제권의 소멸 ··············· 706
계약의 해지 ················ 707

CHAPTER 02 증 여 709
서 설 ·················· 709
증여의 효력 ················ 710
증여의 특별해제 ·············· 711
특수한 증여 ················ 714

CHAPTER 03 매매와 교환 716
제1절 매 매
총 설 ·················· 716
매매의 성립 ················ 716
매매의 효력 ················ 722
환 매 ·················· 739
재매매의 예약 ··············· 742
소유권유보부매매 ············· 743
제2절 교 환 ·················· 744

CHAPTER 04 소비대차와 사용대차 745
제1절 소비대차
서 설 ·················· 745
소비대차의 성립 ·············· 746
소비대차의 효력 ·············· 746
준소비대차 ················ 749
제2절 사용대차
서 설 ·················· 751
사용대차의 성립 ·············· 751
사용대차의 효력 ·············· 751
사용대차의 종료 ·············· 753

CHAPTER 05 임대차 755
서 설 ·················· 755
임대차의 성립 ··············· 756
임대차의 존속기간 ············· 756
임대차의 효력 ··············· 760
임차권의 양도·임차물의 전대 ········ 775
보증금 및 권리금 ············· 781
임대차의 종료 ··············· 785
특수한 임대차 ··············· 786

CHAPTER 06 고 용·도급·여행계약·현상광고 803
제1절 고 용
서 설 ·················· 803
고용의 성립 ················ 803
고용의 효력 ················ 804
고용의 종료 ················ 804
제2절 도 급
서 설 ·················· 806
도급의 성립 ················ 807
도급의 효력 ················ 807
도급의 종료 ················ 812
하도급 관계 ················ 813
제3절 여행계약
서 설 ··················· 814
여행계약의 성립 ·············· 814
여행계약의 효력 ·············· 814
여행계약의 종료 ·············· 816
제4절 현상광고
서 설 ·················· 817
현상광고의 성립 ·············· 818
현상광고의 효력 ·············· 818
우수현상광고 ··············· 819

CHAPTER 07 위임·임치 820
제1절 위 임
서 설 ·················· 820
위임의 성립 ················ 821
위임의 효력 ················ 821
위임의 종료 ················ 823
제2절 임 치 ··················· 569
서 설 ·················· 825
임치의 성립 ················ 825
임치의 효력 ················ 826
임치의 종료 ················ 827
특수한 임치 - 소비임치 ·········· 828

CHAPTER 08 조합·종신정기금·화해 829
제1절 조 합
서 설 ·················· 829
조합의 성립 ················ 830
조합의 사무집행 - 업무집행 ······· 831
조합의 재산관계 ·············· 834
조합원의 탈퇴·가입 ············ 838
조합의 해산과 청산 ············ 840
제2절 종신정기금 ················842
제3절 화 해
의 의 ·················· 843
성 립 ·················· 843
효 력 ·················· 844

CHAPTER 09 사무관리 846
서 설 ·················· 846
성립요건 ················· 846
효 과 ·················· 848
준사무관리 ················ 850

CHAPTER 10 부당이득 851
부당이득의 일반적 성립요건 ········ 854
특수부당이득 ··············· 862
부당이득의 효과 ·············· 866

CHAPTER 11 불법행위 869
서 설 ·················· 869
일반 불법행위의 성립요건 ········· 869
특수불법행위 ··············· 872
불법행위의 효과 ·············· 888

┃판례색인┃