상법개론

제 1 편 상법총칙
제 1 장 서 론 ············································································································· 3
제 1 절 상법의 의의 ·········································································································· 3
제 2 절 상법의 법원 ·········································································································· 4
제 2 장 상 인 ··········································································································· 11
제 1 절 상인의 의의 ········································································································ 11
제 2 절 상인자격의 취득과 상실 ··················································································· 15
제 3 장 상업사용인(기업의 경영보조자) ································································· 18
제 1 절 상업사용인 ········································································································ 18
제 2 절 지 배 인 ············································································································· 19
제 3 절 부분적 포괄대리권을 가진 상업사용인 ·························································· 27
제 4 절 물건판매점포의 사용인(의제상업사용인) ························································ 30
제 5 절 상업사용인의 의무 ···························································································· 31
제 4 장 상호(기업의 명칭) ·························································································· 34
제 1 절 총　　설 ············································································································· 34
제 2 절 상 호 권 ············································································································· 36
제 3 절 상호권의 이전과 폐지 ······················································································ 41
제 4 절 명의대여자의 책임 ···························································································· 42
제 5 장 상업등기 ············································································································ 47
제 1 절 상업등기의 의의 ································································································ 47
제 2 절 효　　력 ············································································································· 48
제 6 장 영업양도 ············································································································ 53
제 1 절 영업의 의의 ········································································································ 53
제 2 절 영업양도의 의의와 법적 성질 ········································································· 54
제 3 절 영업양도의 절차 ································································································ 56
제 4 절 영업양도의 효과 ································································································ 57

제 2 편 상행위법
제 1 장 통 칙 ··········································································································· 67
제 1 절 상행위의 의의와 종류 ······················································································ 67
제 2 절 민법 총칙편에 대한 특칙 ················································································· 70
제 3 절 물권편에 대한 특칙 ·························································································· 76
제 4 절 채권편에 대한 특칙 ·························································································· 81
제 5 절 매매에 관한 특칙(상사매매) ············································································ 89
제 6 절 상호계산 ············································································································· 97
제 7 절 익명조합 ··········································································································· 101
제 8 절 합자조합 ··········································································································· 105
제 2 장 상행위법 각칙 ······························································································· 109
제 1 절 대 리 상 ··········································································································· 109
제 2 절 중 개 업 ··········································································································· 113
제 3 절 위탁매매업 ······································································································· 116
제 4 절 운송주선업 ······································································································· 122
제 5 절 운 송 업 ··········································································································· 129
제 6 절 공중접객업 ····································································································· 151
제 7 절 창 고 업 ··········································································································· 155
제 3 장 새로운 상행위 ······························································································· 161
제 1 절 금융리스업 ······································································································· 161
제 2 절 가 맹 업 ··········································································································· 167
제 3 절 채권매입업 ······································································································· 170

제 3 편 회 사 법
제 1 장 통 칙 ········································································································· 177
제 1 절 회사의 의의 ····································································································· 177
제 2 절 회사의 권리능력 ······························································································ 185
제 3 절 회사의 설립 ····································································································· 188
제 4 절 조직변경 ··········································································································· 196
제 5 절 회사의 해산, 계속 ·························································································· 198
제 2 장 주식회사 ········································································································· 204
제 1 절 주식회사의 의의 ······························································································ 204
제 2 절 주식회사의 설립 ······························································································ 208
제 3 절 주식과 주식양도 ······························································································ 231
제 4 절 주식회사의 기관 ······························································································ 292
제 5 절 자본금의 증감 ·································································································· 423
제 6 절 회사의 회계 ····································································································· 449
제 7 절 사　　채 ··········································································································· 466
제 8 절 회사의 구조조정 ······························································································ 488

제 4 편 어음 · 수표법
제 1 장 어음ㆍ수표의 기초이론 ·············································································· 529
제 2 장 어음ㆍ수표 총론 ··························································································· 533
제 1 절 어음·수표행위 ································································································ 533
제 2 절 어음행위의 대리 ······························································································ 541
제 3 절 어음의 위조와 변조 ························································································ 548
제 4 절 백지어음 ··········································································································· 554
제 5 절 어음의 실질관계 ······························································································ 561
제 3 장 어음ㆍ수표 각론 ··························································································· 569
제 1 절 어음상 권리와 책임 ························································································ 569
제 2 절 어음상 권리의 발생 ························································································ 572
제 3 절 어음상 권리의 이전 ························································································ 596
제 4 절 어음상 권리의 행사 ························································································ 621
제 5 절 어음상 권리의 소멸 ························································································ 647
제 6 절 기타의 제도 ····································································································· 664

제 5 편 보 험 법
제 1 장 보험계약과 보험법 ······················································································ 679
제 1 절 보험의 정의 ····································································································· 679
제 2 절 보험계약의 의의 ······························································································ 682
제 3 절 보 험 법 ··········································································································· 684
제 4 절 보험계약법의 법원 ·························································································· 687
제 2 장 보험계약의 성립 ··························································································· 693
제 1 절 보험계약의 요소 ······························································································ 693
제 2 절 보험계약의 체결 ······························································································ 700
제 3 절 고지의무 ··········································································································· 704
제 4 절 보험자의 의무 ·································································································· 717
제 5 절 보험계약자·피보험자·보험수익자의 의무 ················································· 722
제 6 절 보험계약의 무효·변경·소멸·부활 ···························································· 733
제 7 절 타인을 위한 보험계약 ···················································································· 738
제 3 장 손해보험 총론 ······························································································· 744
제 1 절 손해보험계약 ···································································································· 744
제 2 절 피보험이익 ······································································································· 745
제 3 절 보험가액과 보험금액 ······················································································ 747
제 4 절 손해보험계약의 효과 ······················································································ 756
제 5 절 보험자대위 ······································································································· 761
제 6 절 보험목적의 양도 ······························································································ 771
제 4 장 손해보험 각론 ······························································································· 775
제 1 절 화재보험 ··········································································································· 775
제 2 절 책임보험 ··········································································································· 777
제 3 절 보증보험 ··········································································································· 798
제 5 장 인 보 험 ····································································································· 803
제 1 절 통　　칙 ··········································································································· 803
제 2 절 생명보험 ··········································································································· 806
제 3 절 상해보험 ··········································································································· 820
제 4 절 질병보험 ··········································································································· 830