주관식 민법총칙

P rologue
P rologue1 권리변동의 시간적 흐름순서에 따른 민법체계의 재구성 ···································· 2
P rologue2 사례중심으로 쉽게 풀어쓴 민법총칙 기초이론······················································· 4
제1절 서 론····················································································································· 4
제2절 권 리··················································································································· 12
제3절 법률행위·············································································································· 21
제4절 기 간··················································································································· 73
제5절 소멸시효·············································································································· 75
제6절 권리의 주체·········································································································· 80
제7절 물 건··················································································································· 92

단 문
001 민법의 기본원리 B- ·········································································································· 96
002 민법의 법원 C ·················································································································· 98
003 관습법 C ························································································································· 100
004 관습법과 사실인 관습 기출 C ·························································································· 102
005 신의성실의 원칙 C ·········································································································· 104
006 신의성실의 원칙 B- ········································································································ 108
007 권리남용금지의 법칙 기출 C ··························································································· 110
008 자기모순금지(금반언)의 원칙 A ······················································································· 112
009 사정변경의 원칙 기출 C ·································································································· 114
010 실효의 원칙 기출 C ········································································································· 118
차 경찰간부시험대비
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011 민법상 능력 C ················································································································· 120
012 태아의 권리능력(태아의 민법상 지위) 기출 B+ ································································ 122
013 권리능력의 소멸 C ·········································································································· 124
014 실종선고와 인정사망의 비교 C ························································································ 126
015 의사능력(의사무능력) B ··································································································· 128
016 제한능력자의 재산적 법률행위 방식 C ············································································ 130
017 제한능력자 제도 C ·········································································································· 134
018 제한능력자 법정대리인의 대리권 범위와 제한 A ····························································· 140
019 미성년자의 행위능력 기출 B+ ························································································· 144
020 미성년자가 단독으로 유효한 법률행위를 할 수 있는 경우 B ·········································· 146
021 피성년후견인 B ··············································································································· 148
022 피한정후견인 기출 C ······································································································· 150
023 피특정후견인 B ··············································································································· 152
024 제한능력자의 상대방보호 기출 C ····················································································· 154
025 제한능력자의 상대방보호 기출 B+ ··················································································· 158
026 부재자의 재산관리 B- ····································································································· 160
027 실종선고 B- ···················································································································· 162
028 실종선고의 취소 B ·········································································································· 166
029 사단법인과 재단법인 기출 C ··························································································· 168
030 권리능력 없는 법인 C ····································································································· 170
031 권리능력 없는 사단(비법인사단) 기출 C ·········································································· 174
032 법인의 대표기관 B- ········································································································ 176
033 법인의 이사 C ················································································································· 178
034 이사의 대표권 제한 기출 C ····························································································· 180
035 대표권의 남용 B+ ··········································································································· 182
036 재단법인설립시 출연재산의 귀속시기 기출 B ··································································· 184
037 법인의 능력 C ················································································································· 186
038 법인의 권리(행위)능력 B ································································································· 188
주관식 민법총칙 차
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039 법인의 불법행위능력 기출 C ··························································································· 190
040 대표기관의 행위에 대한 법인의 책임관계 C ··································································· 192
041 부동산과 동산 기출 B+ ··································································································· 194
042 주물과 종물 기출 B+ ······································································································· 196
043 원물과 과실 기출 C ········································································································· 198
044 법률행위의 요건 B- ········································································································ 200
045 법률행위의 해석 기출 C ································································································ 202
046 법률행위의 해석 기출 C ·································································································· 206
047 타인의 명의를 사용한 법률행위 C ·················································································· 208
048 예문(例文)해석 C ············································································································ 210
049 법률행위 목적의 불능 B ·································································································· 212
050 법률행위 목적의 적법성, 강행법규(강행규정) C ····························································· 214
051 법률행위 목적의 적법성, 강행법규(강행규정) C ······························································· 216
052 단속법규 B- ···················································································································· 218
053 탈법행위 B- ···················································································································· 220
054 법률행위 목적의 사회적 타당성 C ·················································································· 222
055 선량한 풍속 기타 사회질서 위반(반사회질서의 법률행위) C ··········································· 224
056 선량한 풍속 기타 사회질서 위반(반사회질서의 법률행위) A ············································ 228
057 동기의 불법 B ················································································································· 230
058 불공정한 법률행위(폭리행위) 기출 B ················································································ 232
059 부동산의 이중매매 C ······································································································· 234
060 의사표시 C ······················································································································ 238
061 의사표시에 관한 이론 C ·································································································· 242
062 의사표시의 효력발생 C ··································································································· 244
063 의사표시의 효력발생 B+ ································································································· 248
064 의사와 표시의 불일치 C ································································································ 250
065 비진의 표시 기출 B+ ······································································································· 254
066 통정한 허위의 의사표시(가장행위) A ··············································································· 256
차 경찰간부시험대비
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067 착오에 의한 의사표시 C ·································································································· 258
068 착오에 의한 의사표시 B ·································································································· 262
069 동기의 착오 기출 B ········································································································· 264
070 사기 혹은 강박에 의한 의사표시(하자있는 의사표시) 기출 C ········································ 266
071 사기 혹은 강박에 의한 의사표시(하자있는 의사표시) 기출 B+ ······································ 270
072 사자(使者) 기출 C ··········································································································· 272
073 대표권과 대리권의 비교 C ······························································································ 274
074 대리권의 발생원인 C ······································································································· 276
075 수권행위 기출 C ·············································································································· 278
076 대리권의 범위 B+ ··········································································································· 280
077 대리권의 제한 A ············································································································· 282
078 대리권의 범위와 제한 B+ ······························································································· 284
079 대리인의 능력 B ············································································································· 286
080 대리권의 남용 기출 B ······································································································ 288
081 현명(顯名)주의 기출 C ····································································································· 290
082 하자있는 대리행위(대리행위의 하자) 기출 C ···································································· 292
083 복대리 기출 B+ ··············································································································· 294
084 표현대리(表現代理) C ···································································································· 296
085 표현대리(表現代理) B+ ··································································································· 300
086 표현대리의 종류와 효과 B+ ···························································································· 302
087 제125조의 표현대리(대리권수여의 표시에 의한 표현대리) A+ ········································· 304
088 제126조의 표현대리(권한을 넘은 표현대리) 기출 C ························································· 306
089 제126조의 표현대리(권한을 넘은 표현대리) 기출 B+ ······················································· 310
090 일상가사대리권 B ············································································································ 312
091 제129조의 표현대리(대리권 소멸후 표현대리) A+ ··························································· 314
092 협의의 무권대리 C ·········································································································· 316
093 계약의 무권대리(계약에 있어서 무권대리) B ··································································· 320
094 협의의 무권대리에서 본인과 상대방의 관계 B- ······························································ 322
주관식 민법총칙 차
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095 제한능력자 상대방의 최고와 무권대리 상대방의 최고 C ················································· 324
096 무권리자 처분행위에 대한 권리자의 추인 기출 C ···························································· 326
097 무효행위의 추인 기출 C ·································································································· 328
098 토지거래허가제도 A ········································································································· 330
099 유동적 무효 A ················································································································· 332
100 일부무효 기출 C ·············································································································· 334
101 무효행위의 전환 기출 C ·································································································· 336
102 법률행위의 취소 C ·········································································································· 338
103 법률행위의 취소 B ·········································································································· 342
104 무효와 취소 B+ ··············································································································· 344
105 취소할 수 있는 법률행위의 추인 B ················································································· 346
106 법정추인 B+ ···················································································································· 348
107 일부 취소 B ···················································································································· 350
108 민법상 추인 C ················································································································· 352
109 민법상 추인 B ················································································································· 356
110 조건부 법률행위 C ·········································································································· 358
111 조건부 법률행위의 효력 기출 C ······················································································ 362
112 기한부 법률행위 B- ········································································································ 364
113 조건과 기한 B ················································································································· 366
114 소멸시효와 제척기간 기출 B- ························································································· 368
115 소멸시효의 기산점 B- ····································································································· 370
116 소멸시효 완성의 효과 기출 C ·························································································· 372
117 소멸시효의 정지 C ·········································································································· 374
118 소멸시효의 중단사유 기출 C ··························································································· 376
119 응소와 시효중단 기출 C ·································································································· 378
120 소멸시효이익의 포기 기출 C ··························································································· 380
차 경찰간부시험대비
례
사 례
001 권리남용금지의 원칙 A+ ································································································· 384
002 실효의 원칙, 권리남용금지의 원칙 A ·············································································· 388
003 태아의 권리능력 B+ ········································································································ 392
004 태아의 권리능력 B+ ········································································································ 395
005 태아의 권리능력 B ·········································································································· 398
006 제한능력자의 상대방 보호(2008년) 기출 ·········································································· 400
007 미성년자의 행위능력, 처분을 허락한 재산(제6조) B ························································ 404
008 제한능력자의 법률행위의 효력과 상대방 보호 B ····························································· 406
009 미성년자의 법률행위(신용구매계약, 제6조) B ·································································· 411
010 일부취소, 미성년자의 부당이득반환범위(2016년) 기출 ····················································· 416
011 부재자재산관리·무권대리(2012년) 기출 ··········································································· 420
012 실종선고 취소(2004년) 기출 ····························································································· 424
013 관습법·종중 B ··············································································································· 427
014 권리능력 없는 사단, 대표권 제한 및 대표권 남용 A ······················································ 431
015 재단법인 출연재산의 귀속시기, 이사의 대표권 제한 A ··················································· 435
016 법인의 불법행위능력과 이사의 대표권남용(2011년) 기출 ················································· 439
017 법률에 의한 대표권 제한 B ····························································································· 442
018 정관에 의한 대표권 제한 A ···························································································· 446
019 법률행위의 해석, 특히 그릇된 표시의 해석 B+ ······························································ 450
020 타인의 명의를 사용한 법률행위 기출 C ··········································································· 453
021 금반언의 원칙 및 신의칙 적용의 한계, 유동적 무효, 강행규정 B+ ································· 456
022 반사회질서 위반행위(제103조), 불법원인급여(2013년) 기출 ·············································· 460
023 불공정한 법률행위(제104호), 불법원인급여(2014년) 기출 ················································· 464
024 제104조와 무효행위의 전환, 무상행위 B ········································································· 468
주관식 민법총칙 차
례
025 부동산의 이중매매, 제108조 2항의 유추적용 B+ ···························································· 472
026 통정허위표시(2003년) 기출 ······························································································· 474
027 소멸시효, 제108조 2항(2017년) 기출 ··············································································· 477
028 차명대출, 당사자 확정, 제108조 2항 등 B+ ··································································· 480
029 쌍방의 공통하는 동기의 착오·상대방에 의해 제공된 동기의 착오 B- ··························· 484
030 오표시무해의 원칙·착오를 이유로 한 취소(2005년) 기출 ················································ 489
031 사기에 의한 의사표시와 착오에 의한 의사표시 B ··························································· 493
032 쌍방의 공통하는 동기의 착오 B ······················································································ 497
033 일부취소 B- ···················································································································· 500
034 타인명의를 사용한 법률행위, 유발된 동기의 착오, 신뢰이익 배상(2018년) 기출 ············· 504
035 착오·사기를 이유로 한 취소·선의의 제3자 보호(2009년) 기출 ····································· 508
036 강박에 의한 의사표시, 진의 아닌 의사표시 B+ ······························································ 512
037 공동대리, 이해상반행위, 친권남용 A ··············································································· 515
038 공동대리와 표현대리, 착오에 의한 의사표시 B ······························································· 517
039 사기, 제한능력자의 법률행위, 수권행위의 독자성과 유인성 B+ ······································ 520
040 수권행위, 착오에 의한 의사표시 B ·················································································· 525
041 일상가사대리권과 표현대리 B+ ······················································································· 527
042 복대리·표현대리·일부무효 A+ ······················································································ 530
043 표현대리·협의의 무권대리(2010년) 기출 ········································································· 534
044 수권행위와 원인된 법률행위, 제129조, 제135조(2015년) 기출 ········································· 538
045 타인명의를 사용한 법률행위, 대리권 남용, 표현대리 기출 C ·········································· 543
046 사자와 대리, 무권리자 처분행위에 대한 추인(2015년) 기출 ············································· 547
047 유동적 무효 등 B ············································································································ 551
048 응소와 시효중단 B- ········································································································ 553
049 소멸시효 완성의 효과, 소멸시효 이익의 포기 B ····························································· 555
050 소멸시효, 제108조 2항(2017년) 기출 ··············································································· 558