2016 주택단기 주택관리사 1차 기본서 민법

제1부 민법총칙(民法總則)
제1장 통 칙
제1절 민법의 의의 ····································4
Ⅰ. 민법의 의의 ································4
Ⅱ. 실질적 의미의 민법 ··························4
제2절 민법의 법원(法源) ································5
Ⅰ. 법원의 의의 ································5
Ⅱ. 민법의 법원 ································7
제3절 민법상의 권리와 의무 ····························14
Ⅰ. 법률관계(法律關係) ··························14
Ⅱ. 권리와 의무 ································15
Ⅲ. 사권(私權)의 종류 ···························16
Ⅳ. 사권의 행사와 의무의 이행 ···················20
Ⅴ 권리의 충돌(衝突)과 경합(競合) ················ 31
Ⅵ. 사권의 보호 ································32
기출 및 예상문제 ····························33

제2장 자연인
제1절 서 설 ·········································44
Ⅰ. 권리주체 ·································44
Ⅱ. 자연인의 권리능력 ··························46
제2절 행위능력 ·······································52
Ⅰ. 서 설 ·····································52
Ⅱ. 제한능력자 ································53
제3절 주소(住所) ·····································67
Ⅰ. 의 의 ·····································67
Ⅱ. 주소에 관한 민법의 태도 ·····················67
Ⅲ. 주소의 법률적 효과 ·························68
Ⅳ. 거소?현재지?가주소 ························68
제4절 부재(不在)와 실종(失踪) ··························69
Ⅰ. 서 설 ·····································69
Ⅱ. 부재자(不在者) 재산관리제도(財産管理制度) ······ 69
Ⅲ. 실종선고(失踪宣告) ··························74
기출 및 예상문제 ····························79

제3장 법인(法人)
제1절 의 의 ·········································93
제2절 법인의 설립 ····································94
Ⅰ. 법인설립에 관한 입법주의 ····················94
Ⅱ. 비영리법인의 설립 ··························95
제3절 법인의 능력(能力) ······························100
Ⅰ. 서 설 ····································100
Ⅱ. 법인의 권리능력(權利能力) ···················100
Ⅲ. 법인의 행위능력 ···························101
Ⅳ. 법인의 불법행위능력(不法行爲能力) ············102
제4절 법인의 기관(機關) ······························106
Ⅰ. 서 설 ····································106
Ⅱ. 사원총회(社員總會) ·························106
Ⅲ. 감 사 ····································110
Ⅳ. 이사(理事) ································110
제5절 법인의 정관변경(定款變更) ······················115
Ⅰ. 서 설 ····································115
Ⅱ. 사단법인의 정관변경 ························115
Ⅲ. 재단법인의 정관변경 ························116
제6절 법인의 소멸(消滅) ······························118
Ⅰ. 의 의 ····································118
Ⅱ. 법인의 해산(解散) ··························119
Ⅲ. 법인의 청산(淸算) ··························120
제7절 기 타 ········································125
Ⅰ. 법인의 주소 ·······························125
Ⅱ. 법인의 등기 ·······························125
Ⅲ. 법인의 감독 ·······························126
제8절 권리능력 없는 사단과 재단 ·······················126
Ⅰ. 권리능력 없는 사단 ·························126
Ⅱ. 권리능력 없는 재단 ·························129
기출 및 예상문제 ···························131

제4장 권리의 객체(客體)
제1절 총 설 ········································145
제2절 물건(物件) ····································146
Ⅰ. 서 설 ····································146
Ⅱ. 부동산(不動産)과 동산(動産) ··················150
Ⅲ. 주물(主物)과 종물(從物) ·····················154
Ⅳ. 원물(元物)과 과실(果實) ·····················157
기출 및 예상문제 ···························160

제5장 권리(權利)의 변동(變動)
제1절 법률관계(法律關係)의 변동 ·······················168
Ⅰ. 서 설 ···································168
Ⅱ. 권리변동의 원인 ···························170
기출 및 예상문제 ···························174
제2절 법률행위(法律行爲) ·····························176
Ⅰ. 법률행위 일반 ·····························176
Ⅱ. 법률행위의 목적(目的) ······················180
Ⅲ. 법률행위(法律行爲)의 해석(解釋) ··············197
기출 및 예상문제 ···························202
제3절 의사표시(意思表示) ·····························213
Ⅰ. 의 의 ····································213
Ⅱ. 비정상적 의사표시(非正常的 意思表示) ·········214
Ⅲ. 의사표시(意思表示)의 효력발생(效力發生) ·······238
기출 및 예상문제 ···························243
제4절 법률행위(法律行爲)의 대리(代理) ·················259
Ⅰ. 서 설 ····································259
Ⅱ. 대리권(代理權) ····························261
Ⅲ. 대리행위(代理行爲) ·························269
Ⅳ. 대리행위(代理行爲)의 효과(效果) ··············272
Ⅴ. 복대리(復代理) ····························273
Ⅵ. 무권대리(無權代理) ·························276
기출 및 예상문제 ···························292
제5절 법률행위(法律行爲)의 무효(無效)와 취소(取消) ······307
Ⅰ. 서 설 ···································307
Ⅱ. 법률행위(法律行爲)의 무효(無效) ··············309
Ⅲ. 법률행위(法律行爲)의 취소(取消) ··············319
기출 및 예상문제 ···························332
제6절 법률행위(法律行爲)의 부관(附款) ·················344
Ⅰ. 총 설 ····································344
Ⅱ. 조건(條件) ································345
Ⅲ. 기한(期限) ································354
기출 및 예상문제 ···························360

제6장 기간(期間)
제1절 민법의 의의 ···································368
기출 및 예상문제 ···························372

제7장 소멸시효(消滅時效)
제1절 총 설 ········································375
Ⅰ. 시효(時效)의 의의 ·························375
Ⅱ. 시효의 성질 ·······························375
Ⅲ. 시효제도(時效制度)의 근거(根據) ··············376
Ⅳ. 소멸시효와 구별개념 ························376
제2절 소멸시효의 요건 ································379
Ⅰ. 서설 ·······································379
Ⅱ. 소멸시효의 대상이 되는 권리 ·················379
Ⅲ. 권리의 불행사(不行使)-소멸시효의 기산점 ······383
Ⅳ. 소멸시효기간(消滅時效期間) ··················385
제3절 소멸시효(消滅時效)의 장애(障碍) ·················388
Ⅰ. 서 설 ····································388
Ⅱ. 소멸시효(消滅時效)의 중단(中斷) ··············388
Ⅲ. 소멸시효(消滅時效)의 정지(停止) ··············397
제4절 소멸시효(消滅時效)의 효력(效力) ·················399
Ⅰ. 소멸시효 완성(消滅時效完成)의 효과 ···········399
Ⅱ. 시효이익(時效利益)의 포기(抛棄) 등 ··········· 401
기출 및 예상문제 ···························405

제2부 물권법(物權法)
제1장 물권법(物權法) 총칙(總則)
제1절 물권 일반(物權一般) ····························420
제2절 물권(物權)의 변동(變動) ·························425

제2장 물권법(物權法) 각론(各論)
제1절 점유권(占有權) ································438
제2절 소유권(所有權) ································449
Ⅰ. 서 설 ····································449
Ⅱ. 소유권(所有權)의 취득(取得) ··················451
Ⅲ. 소유권(所有權)에 기한 물권적(物權的) 청구권(請求權)456
Ⅳ. 공동소유(共同所有) ·························457
제3절 용익물권(用益物權) ·····························461
Ⅰ. 지상권(地上權) ····························461
Ⅱ. 지역권(地役權) ····························466
Ⅲ. 전세권(傳貰權) ····························469
제4절 담보물권(擔保物權) ·····························473
Ⅰ. 총 설 ····································473
Ⅱ. 유치권(留置權) ····························475
Ⅲ. 질권(質權) ································478
Ⅳ. 저당권(抵當權) ····························480
기출 및 예상문제 ···························486

제3부 채권법(債權法)
제1장 채권총칙(債權總則)
제1절 민법의 의의 ···································514
제2장 채권각론(債權各論)
제1절 계약총론(契約總論) ·····························532
Ⅰ. 서 론 ···································532
Ⅱ. 계약의 성립 ·······························534
Ⅲ. 계약의 효력 ·······························538
Ⅳ. 계약의 해제(解除)와 해지(解止) ···············543
제2절 계약각론(契約各論) ·····························550
Ⅰ. 매매(賣買) ································550
Ⅱ. 임대차(賃貸借) ····························561
Ⅲ. 도 급 ····································569
Ⅳ. 위임(委任) ································573
제3절 부당이득제도(不當利得制度)와 불법행위(不法行爲) ··· 576
Ⅰ. 부당이득제도 ······························576
Ⅱ. 불법행위(不法行爲) ·························578
기출 및 예상문제제 ··························582