장바구니 담기 close

장바구니에 상품을 담았습니다.

장바구니로 계속쇼핑하기
2019 핵심정리 민법 비기
미리보기

2019 핵심정리 민법 비기

  • 곽낙규
  • |
  • 수북
  • |
  • 2019-03-25 출간
  • |
  • 641페이지
  • |
  • 190 X 259 X 32 mm /1125g
  • |
  • ISBN 9791189446079
판매가

40,000원

즉시할인가

36,000 원

배송비

무료배송

(제주/도서산간 배송 추가비용:3,000원)

상품을 선택해주세요
스프링제본 선택
스프링제본 선택 2권 3,000원 스프링제본 선택안함 0원
추가상품
상품선택
독서대 7,900원 독서대 선택안함 0원
수량
+ -
총주문금액
36,000원

이 상품은 품절된 상품입니다

※ 스프링제본 상품은 반품/교환/환불이 불가능하므로 신중하게 선택하여 주시기 바랍니다.

북스크린영상으로 만나보는 한 권의 책 이야기

목차


제1편 민법총칙
Chapter 01. 민법서론 ··················································································································3
제1절 민법의 법원(法源) ··················································································································3
Ⅰ. 법원의 의의 ·······················································································································3
Ⅱ. 성문민법 ····························································································································3
Ⅲ. 불문민법 ····························································································································3
제2절 신의성실의 원칙 ·····················································································································5
Ⅰ. 민법 제2조 ························································································································5
Ⅱ. 신의칙의 파생원칙 ············································································································7
제3절 법률행위 ······························································································································13
Ⅰ. 법률행위의 요건 ··············································································································13
Ⅱ. 법률행위의 해석 ··············································································································13
Chapter 02. 권리의 주체 ··········································································································17
제1절 민법상의 능력 ······················································································································17
제2절 자연인 ·································································································································18
제1관 자연인의 권리능력 ·······································································································18
Ⅰ. 권리능력의 시기(始期) ····································································································18
Ⅱ. 권리능력의 종기 ··············································································································20
제2관 자연인의 행위능력 ·······································································································20
Ⅰ. 행위능력 총설 ·················································································································20
Ⅱ. 미성년자 ··························································································································21
Ⅲ. 피성년후견인, 피한정후견인, 피특정후견인 ····································································24
Ⅳ. 제한능력자의 상대방 보호 ······························································································28
제3관 부재와 실종 ·················································································································30
Ⅰ. 부재자의 재산관리 ··········································································································30
Ⅱ. 실종선고 ··························································································································33
제3절 법 인 ···································································································································37
제1관 법인 서설 ·····················································································································37
Ⅰ. 법인의 종류 ····················································································································37
Ⅱ. 법인이 설립되는 과정 ·····································································································37
제2관 법인의 설립 ·················································································································38
Ⅰ. 비영리사단법인의 설립 ···································································································38
Ⅱ. 비영리재단법인의 설립 ···································································································39
제3관 법인의 주소와 등기 ·····································································································41
제4관 법인의 능력 ·················································································································41
Ⅰ. 법인의 권리능력 ··············································································································41
Ⅱ. 법인의 행위능력 ··············································································································41
Ⅲ. 법인의 불법행위능력 ·······································································································42
제5관 법인의 기관 ·················································································································46
Ⅰ. 이 사 ·······························································································································46
Ⅱ. 사원총회 ··························································································································51
제6관 정관의 변경 ···················································································································52
Ⅰ. 사단법인의 정관변경 ·······································································································52
Ⅱ. 재단법인의 정관변경 ·······································································································53
제7관 법인의 소멸 ·················································································································54
Ⅰ. 총 설 ·······························································································································54
Ⅱ. 법인의 해산 ····················································································································54
Ⅲ. 법인의 청산 ····················································································································55
제8관 권리능력 없는 사단 ·····································································································56
Chapter 03. 권리의 객체 ··········································································································64
Ⅰ. 동산과 부동산 ·················································································································64
Ⅱ. 주물과 종물 ····················································································································65
Ⅲ. 원물과 과실 ····················································································································66
Chapter 04. 법률행위의 효력발생 ···························································································68
제1절 법률행위의 목적 ··················································································································68
Ⅰ. 총 설 ·······························································································································68
Ⅱ. 목적의 사회적 타당성 ·····································································································69
제2절 의사와 표시의 일치 ·············································································································78
제1관 흠 있는 의사표시(비정상적 의사표시) ·········································································78
Ⅰ. 총 설 ·······························································································································78
Ⅱ. 진의 아닌 의사표시 ········································································································79
Ⅲ. 통정한 허위의 의사표시 ·································································································80
Ⅳ. 착오로 인한 의사표시 ·····································································································88
Ⅴ. 사기·강박에 의한 의사표시 ····························································································94
제2관 의사표시의 효력발생 ···································································································98
Ⅰ. 상대방 없는 의사표시의 효력발생시기 (표백주의) ·························································98
Ⅱ. 상대방 있는 의사표시의 효력발생시기 (도달주의의 채택) ·············································98
제3절 법률행위의 대리 ················································································································100
제1관 대리권 ························································································································100
Ⅰ. 대리권의 의의 ···············································································································100
Ⅱ. 대리권의 범위와 그 제한 ·····························································································100
Ⅲ. 대리권의 소멸 ···············································································································102
제2관 대리행위 ····················································································································103
제3관 대리의 효과 ···············································································································104
제4관 복대리 ························································································································105
제5관 무권대리 ····················································································································106
Ⅰ. 표현대리 ·······················································································································106
Ⅱ. 협의의 무권대리 ···········································································································112
제4절 법률행위의 무효와 취소 ····································································································117
Ⅰ. 법률행위의 무효 ···········································································································117
Ⅱ. 법률행위의 취소 ···········································································································123
제5절 법률행위의 부관 ················································································································128
Ⅰ. 조 건 ····························································································································128
Ⅱ. 기 한 ····························································································································131
Chapter 05. 기 간 ····················································································································133
Chapter 06. 소멸시효 ··············································································································134
Ⅰ. 소멸시효와 구별되는 제도인 제척기간 ·········································································134
Ⅱ. 소멸시효의 요건 ···········································································································135
Ⅲ. 시효의 장애 (소멸시효의 중단과 정지) ········································································147
Ⅳ. 소멸시효의 효과 ···········································································································157
제2편 물권법
Chapter 01. 물권법 서론 ········································································································165
Ⅰ. 물권법정주의 ·················································································································165
Ⅱ. 물권적 청구권 ···············································································································165
Chapter 02. 물권의 변동 ········································································································170
제1절 물권변동 총설 ···················································································································170
제2절 부동산물권의 변동 ·············································································································170
제1관 부동산등기 ···················································································································170
Ⅰ. 등기의 종류 ··················································································································170
Ⅱ. (본)등기의 효력 ············································································································174
제2관 법률행위에 의한 부동산물권의 변동 ········································································177
Ⅰ. 부동산 물권변동의 요건으로서의 등기의 유효요건 ······················································177
제3관 법률행위에 의하지 않은 부동산 물권변동 ·······························································183
제3절 동산물권의 변동 ················································································································185
Ⅰ. 권리자로부터의 취득 ····································································································185
Ⅱ. 무권리자로부터의 취득(선의취득) ·················································································186
제4절 입목법과 명인방법에 의한 부동산물권의 변동 ···································································189
Ⅰ. 입목등기 ·······················································································································189
Ⅱ. 명인방법 ·······················································································································189
제5절 물권의 소멸 ·······················································································································190
Chapter 03. 기본물권 ··············································································································191
제1절 점유권 ·······························································································································191
제1관 점 유 ··························································································································191
Ⅰ. 점유의 개념 ··················································································································191
Ⅱ. 점유의 모습 ··················································································································193
제2관 점유권의 취득과 소멸 ·······························································································196
제3관 점유(권)의 효력 ·········································································································197
Ⅰ. 점유의 추정력 ···············································································································197
Ⅱ. 점유자와 회복자의 관계 ·······························································································197
제2절 소유권 ·······························································································································201
제1관 소유권 일반 ···············································································································201
제2관 부동산소유권의 범위 ·································································································203
Ⅰ. 토지소유권의 범위 ········································································································203
Ⅱ. 건물의 구분소유 ···········································································································203
Ⅲ. 상린관계 ·······················································································································206
제3관 소유권의 취득 ···········································································································207
Ⅰ. 취득시효 ·······················································································································207
Ⅱ. 선점·습득·발견 ·············································································································218
Ⅲ. 첨 부 ····························································································································218
제4관 공동소유 ····················································································································221
Ⅰ. 공 유 ····························································································································221
Ⅱ. 합 유 ····························································································································229
Ⅲ. 총 유 ····························································································································229
제5관 명의신탁 ····················································································································229
Ⅰ. 명의신탁에 관한 판례이론 ····························································································229
Ⅱ. 부동산실권리자명의등기에관한법률 ···············································································234
Chapter 04. 용익물권 ··············································································································244
제1절 지상권 ·······························································································································244
Ⅰ. 총 설 ····························································································································244
Ⅱ. 지상권의 존속기간 ········································································································245
Ⅲ. 지상권의 효력 ···············································································································245
Ⅳ. 지상권의 소멸 ···············································································································246
Ⅴ. 특수한 지상권 ···············································································································247
제2절 지역권 ·······························································································································259
Ⅰ. 총 설 ····························································································································259
Ⅱ. 지역권의 취득 ···············································································································260
Ⅲ. 지역권의 효력 ···············································································································260
제3절 전세권 ·······························································································································261
Ⅰ. 총 설 ····························································································································261
Ⅱ. 전세권의 취득 ···············································································································261
Ⅲ. 전세권의 존속기간 ········································································································262
Ⅳ. 전세권의 효력 ···············································································································262
Ⅴ. 전세권의 소멸 ···············································································································264
Chapter 05. 담보물권 ··············································································································268
제1절 유치권 ·······························································································································268
제1관 총 설 ··························································································································268
제2관 유치권의 성립요건 ····································································································268
제3관 유치권의 효력 ···········································································································271
Ⅰ. 유치권자의 권리 ···········································································································271
Ⅱ. 유치권자의 의무 ···········································································································275
제4관 유치권의 소멸 ···········································································································276
제2절 질 권 ·································································································································276
제1관 동산질권 ····················································································································276
Ⅰ. 동산질권의 성립 ···········································································································276
Ⅱ. 동산질권의 효력 ···········································································································277
제2관 권리질권 ····················································································································280
Ⅰ. 총 설 ····························································································································280
Ⅱ. 채권질권 ·······················································································································280
제3절 저당권 ·······························································································································285
제1관 저당권의 성립 ···········································································································285
Ⅰ. 저당권설정계약 ·············································································································285
Ⅱ. 저당권의 객체와 피담보채권 ························································································286
제2관 저당권의 효력 ···········································································································286
Ⅰ. 저당권의 효력이 미치는 범위 ······················································································286
Ⅱ. 우선변제적 효력 ···········································································································290
Ⅲ. 저당권과 용익관계 ········································································································293
Ⅳ. 저당권의 침해에 대한 구제 ··························································································295
제3관 저당권의 처분 및 소멸 ·····························································································296
제4관 특수한 저당권 ···········································································································297
Ⅰ. 근저당 ···························································································································297
Ⅱ. 공동저당 ·······················································································································300
제4절 비전형담보물권 ··················································································································305
제1관 가등기담보 ·················································································································305
Ⅰ. 가등기담보권의 설정 ····································································································305
Ⅱ. 효 력 ····························································································································306
제2관 양도담보 ····················································································································311
Ⅰ. 총 설 ····························································································································311
Ⅱ. 양도담보의 효력 ···········································································································312
Ⅲ. 양도담보의 소멸 ···········································································································315
제3편 채권총론
Chapter 01. 채권법 서론 ········································································································319
Ⅰ. 급 부 ····························································································································319
Ⅱ. 보호의무 ·······················································································································319
Ⅲ. 이행보조자의 고의·과실 ·······························································································320
Chapter 02. 채권의 목적 ········································································································321
Ⅰ. 특정물채권 ····················································································································321
Ⅱ. 종류채권(=불특정물채권) ······························································································321
Ⅲ. 선택채권 ·······················································································································324
Ⅳ. 금전채권 ·······················································································································327
Ⅴ. 이자채권 ·······················································································································330
Chapter 03. 채권의 소멸 ········································································································331
제1절 변제와 채권자지체 ·············································································································331
제1관 변 제 ··························································································································331
Ⅰ. 변제의 제공 ··················································································································331
Ⅱ. 변제의 내용 ··················································································································333
Ⅲ. 변제의 충당 ··················································································································336
Ⅳ. 변제로 인한 대위(변제자대위 또는 대위변제) ·····························································340
제2관 채권자지체 ·················································································································347
Ⅰ. 요 건 ····························································································································347
Ⅱ. 효 과 ····························································································································347
제2절 대물변제 ····························································································································348
제3절 공 탁 ·································································································································350
Ⅰ. 공탁의 법적성질 ···········································································································350
Ⅱ. 요 건 ····························································································································351
Ⅲ. 효 과 ····························································································································353
제4절 상 계 ·································································································································355
Ⅰ. 요 건 ····························································································································355
Ⅱ. 효 과 ····························································································································363
제5절 그 밖의 채권소멸사유(경개, 면제, 혼동) ···········································································364
Ⅰ. 경 개 ····························································································································364
Ⅱ. 면 제 ····························································································································365
Ⅲ. 혼 동 ····························································································································366
Chapter 04. 채무불이행 ··········································································································367
제1절 채무불이행의 유형 및 요건 ·······························································································367
Ⅰ. 이행지체 ·······················································································································367
Ⅱ. 이행불능 ·······················································································································369
Ⅲ. 불완전이행 ····················································································································373
제2절 채무불이행의 효과 ·············································································································374
Ⅰ. 손해배상청구권 ·············································································································374
Ⅱ. 손해배상의 범위 ···········································································································375
Ⅲ. 손해배상액의 산정 ········································································································380
Ⅳ. 손해배상액의 예정 ········································································································386
Ⅴ. 손해배상자의 대위 ········································································································390
Chapter 05. 책임재산의 보전 ································································································391
제1절 채권자대위권 ·····················································································································391
Ⅰ. 요 건 ····························································································································391
Ⅱ. 행 사 ····························································································································396
제2절 채권자취소권 ·····················································································································400
Ⅰ. 요 건 ····························································································································400
Ⅱ. 채권자취소권의 행사 ····································································································409
Ⅲ. 행사의 효과 ··················································································································418
Chapter 06. 다수당사자의 채권관계 ····················································································422
제1절 총 설 ·································································································································422
제2절 분할채권관계 ·····················································································································424
제3절 불가분채권관계 ··················································································································425
Ⅰ. 불가분채권 ····················································································································425
Ⅱ. 불가분채무 ····················································································································425
제4절 연대채무 ····························································································································425
Ⅰ. 의의와 법적 성질 ·········································································································425
Ⅱ. 효 력 ····························································································································426
Ⅲ. 부진정연대채무 ·············································································································431
제5절 보증채무 ····························································································································435
Ⅰ. 의 의 ····························································································································435
Ⅱ. 보증채무의 성립 ···········································································································438
Ⅲ. 효 력 ····························································································································439
Ⅳ. 특수한 보증 ··················································································································443
Chapter 07. 채권양도와 채무인수 ························································································447
제1절 채권양도 ····························································································································447
Ⅰ. 의 의 ····························································································································447
Ⅱ. 지명채권의 양도 ···········································································································447
제2절 채무인수 ····························································································································459
Ⅰ. 면책적 채무인수의 요건 ·······························································································459
Ⅱ. 면책적 채무인수의 효과 ·······························································································460
Ⅲ. 면책적 채무인수와 구별해야 할 제도 ··········································································461
제4편 채권각론
Chapter 01. 계약총론 ··············································································································467
제1절 계약의 성립 ·······················································································································467
Ⅰ. 청약과 승낙에 의한 계약의 성립 ·················································································467
Ⅱ. 기타의 방법에 의한 계약의 성립 ·················································································469
Ⅲ. 계약체결상의 과실책임 ·································································································469
제2절 계약의 효력 ·······················································································································470
Ⅰ. 동시이행의 항변권 ········································································································470
Ⅱ. 위험부담 ·······················································································································476
Ⅲ. 제3자를 위한 계약 ·······································································································479
제3절 계약의 해제·해지 ··············································································································482
Ⅰ. 법정해제 ·······················································································································482
Ⅱ. 해제계약(=合意解除) ·····································································································493
Ⅲ. 실권약관 ·······················································································································494
Ⅳ. 계약의 해지 ··················································································································495
Chapter 02. 각종의 계약 ········································································································496
제1절 증 여 ·································································································································496
Ⅰ. 증여의 의의 ··················································································································496
Ⅱ. 증여의 효력 ··················································································································496
Ⅲ. 특수한 증여 ··················································································································498
제2절 매 매 ·································································································································498
Ⅰ. 매매의 성립 ··················································································································499
Ⅱ. 매매의 효력 ··················································································································503
Ⅲ. 매도인의 담보책임 ········································································································504
Ⅳ. 환매 ······························································································································514
제3절 교 환 ·································································································································515
제4절 사용대차 ····························································································································515
제5절 임대차 ·······························································································································516
Ⅰ. 임대차의 성립 ···············································································································516
Ⅱ. 임대차의 존속기간 ········································································································517
Ⅲ. 임대차의 효력 ···············································································································517
Ⅳ. 임차권의 양도와 임차물의 전대 ···················································································528
Ⅴ. 보증금과 권리금 ···········································································································531
Ⅵ. 주택임대차보호법 ··········································································································533
Ⅶ. 상가건물임대차보호법 ···································································································543
제6절 도 급 ·································································································································545
Ⅰ. 도급의 의의 ··················································································································545
Ⅱ. 도급의 효력 ··················································································································546
Ⅲ. 도급의 종료 ··················································································································552
제7절 여행계약 [신설 2015.2.3. 시행 2016.2.4] ·····································································552
제8절 위 임 ·································································································································553
제9절 임 치 ·································································································································556
Ⅰ. 임치의 의의 ··················································································································556
Ⅱ. 임치의 효력 ··················································································································556
Ⅲ. 임치의 종료 ··················································································································556
제10절 조 합 ······························································································································558
Ⅰ. 조합의 성립 ··················································································································558
Ⅱ. 조합의 사무집행 ···········································································································559
Ⅲ. 조합의 재산관계 ···········································································································560
Ⅳ.조합원의 변동 ·················································································································566
Ⅴ. 조합의 해산과 청산 ······································································································568
제11절 화 해 ······························································································································569
Chapter 03. 법정채권 관계 ····································································································570
제1절 사무관리 ····························································································································570
Ⅰ. 사무관리의 성립요건 ····································································································570
Ⅱ. 사무관리의 효과 ···········································································································571
제2절 부당이득 ····························································································································574
Ⅰ. 총 설 ····························································································································574
Ⅱ. 부당이득반환의 요건 ····································································································575
Ⅲ. 부당이득의 효과 ···········································································································578
Ⅳ. 부당이득반환청구가 금지되는 특례 ··············································································580
Ⅴ. 다수 당사자 사이의 부당이득 ······················································································581
제3절 불법행위 ····························································································································584
제1관 일반불법행위의 성립요건 ··························································································584
Ⅰ. 고의 또는 과실로 인한 가해행위가 있을 것 ·······························································584
Ⅱ. 가해행위가 위법할 것 ··································································································585
제2관 특수한 불법행위 ········································································································586
Ⅰ. 타인의 가해행위로 인한 책임 ······················································································586
Ⅱ. 공작물 등의 점유자·소유자의 책임 ··············································································593
Ⅲ. 공동불법행위 ·················································································································596
Ⅳ. 이른바 현대형 불법행위 ·······························································································600
제3관 불법행위의 효과 ········································································································604
판 례 색 인 ························································································································609
추천포스트

교환 및 환불안내

도서교환 및 환불
  • ㆍ배송기간은 평일 기준 1~3일 정도 소요됩니다.(스프링 분철은 1일 정도 시간이 더 소요됩니다.)
  • ㆍ상품불량 및 오배송등의 이유로 반품하실 경우, 반품배송비는 무료입니다.
  • ㆍ고객님의 변심에 의한 반품,환불,교환시 택배비는 본인 부담입니다.
  • ㆍ상담원과의 상담없이 교환 및 반품으로 반송된 물품은 책임지지 않습니다.
  • ㆍ이미 발송된 상품의 취소 및 반품, 교환요청시 배송비가 발생할 수 있습니다.
  • ㆍ반품신청시 반송된 상품의 수령후 환불처리됩니다.(카드사 사정에 따라 카드취소는 시일이 3~5일이 소요될 수 있습니다.)
  • ㆍ주문하신 상품의 반품,교환은 상품수령일로 부터 7일이내에 신청하실 수 있습니다.
  • ㆍ상품이 훼손된 경우 반품 및 교환,환불이 불가능합니다.
  • ㆍ반품/교환시 고객님 귀책사유로 인해 수거가 지연될 경우에는 반품이 제한될 수 있습니다.
  • ㆍ스프링제본 상품은 교환 및 환불이 불가능 합니다.
  • ㆍ군부대(사서함) 및 해외배송은 불가능합니다.
  • ㆍ오후 3시 이후 상담원과 통화되지 않은 취소건에 대해서는 고객 반품비용이 발생할 수 있습니다.
반품안내
  • 마이페이지 > 나의상담 > 1 : 1 문의하기 게시판 또는 고객센터 : 070-4821-5101
교환/반품주소
  • 부산광역시 부산진구 중앙대로 856 303호 / (주)스터디채널 / 전화 : 070-4821-5101
  • 택배안내 : CJ대한통운(1588-1255)
  • 고객님 변심으로 인한 교환 또는 반품시 왕복 배송비 5,000원을 부담하셔야 하며, 제품 불량 또는 오 배송시에는 전액을 당사에서부담 합니다.