본 수험서의 특징은,
 
 
1.중요한 판례의 본문 내용화
판례는 원래 민법조문을 구체적 사건에 적용함에 있어서 조문의 의미(해석)를 법원이 최종 판단하여 그 사건을 해결하는 것이다. 따라서 판례는 당해 사건에 적용되는 민법조문과 불가분의 관계에 있다. 그래서 본 교재에서는 판례를 본문내용에 원칙적으로 서술하였다. 그래서 수험생들이 본 교재의 본문내용을 탐독하는 과정에서 자연스럽게 판례와 민법조문의 관계를 습득할 수 있도록 하였다.
 
2.주요 민법조문의 내용화
민법조문은 민법학습의 시작이자 마무리이다. 본문내용은 곧 민법조문의 정확한 해석과 이해에 필요한 내용으로 서술하고 있다. 따라서 본문내용을 전개함에 있어 우선 그 기초가 되는 조문을 서두에 넣어 법전을 찾아보는 번거로움과 불편을 덜어주고자 배려하였다.
 
3.도표의 적절한 활용
수험생들이 어려워하고 헷갈려하는 내용은 적절한 도표를 활용하여 한눈에 비교할 수 있게 함으로써 명쾌하게 이해할 수 있도록 최대한 보강하였다.
 
4.기출지문의 내용화
그 동안의 기출문제에서 반복되어 출제되는 중요한 지문은 모두 교과서의 내용으로 서술하였다. 따라서 교과서를 반복하여 읽음으로써 본 시험에 익숙할 수 있게 하였다.
 
5. 정리문제의 제공 등
 
본 서를 출간함에 있어서 여러 분들에게 무한한 감사의 마음을 본 졸저(拙著)를 통하여 전한다.
 
나를 이 세상에 있게 한, 하늘나라에 계시는 존경하는 부모님!
그리고 당신들의 건강보다 사위의 건강은 늘 걱정하시는 빙부․빙모님!
큰 가르침을 주신 전 법제처 차관 박윤흔 교수님, 전 공정거래위원장 권오승 교수님, 전 경희대학교 총장 김병묵 교수님, 전 이화여자대학교 이재상 석좌교수님, 경희대학교 법학전문대학원 허영 석좌교수님, 전 고려대학교 김남진 교수님 등 여러 은사님!
함께 강의하며 비판과 격려를 아끼지 않는 선후배, 동료 교수님 …….
아울러 기본서․문제집․판례집 등의 교재 원고준비와 대학원․학원 등에서의 강의자료의 준비 등을 이유로 하여, 함께 해야 하는 많은 시간을 양보하며, 항상 곁에서 묵묵히 지켜보아 주는 사랑하는 나의 가족, 아내 은숙과 딸 가은에게도 고마운 마음을 전한다.
특히 CFP로서 재무․자산설계․금융전문가생활을 하면서 늦은 나이에도 새로운 전문자격시험에 도전한 아내의 열정에 격려와 함께 응원하는 맘을,
그리고 열심히 대학생활하면서 사회적응에 바쁜 시간에도 아빠의 여러 교재 작업에 타이핑과 컴퓨터 작업을 열심히 도와준 맑고 밝은 사랑하는 딸 가은이는, 늘 건강하고 하고자 목표삼은 것을 위해 최선을 다하는 예쁜 딸로 자라주길 맘에 담아 전한다.
끝으로 본 교재가 출간되기까지 수험자들에게 양질의 수험서를 제공하려는 (주)에듀서울 대표이사 김태욱 사장, 그리고 편집실의 임직원 여러분의 세심한 배려에 진심으로 감사드리며, 본 교재가 수험생 여러분의 민법이해에 든든한 디딤돌이 되기를 바란다.
모든 수험생 여러분에게 합격의 영광이 함께 하기를 진심으로 기원한다!
송파 오금동 서재에서........

편저자 김 영 석


 

제1편 민법 총칙

 

제1장 민법 일반

제1절 민법일반···················································································· 13
제2절 민법의 법원(法源) ···································································· 16
제3절 민법의 구성과 해설································································· 21
제4절 민법의 기본원리······································································ 26
제5절 민법의 효력············································································· 29
▮정리문제·························································································· 30
 

제2장 권리･의무

제1절 법률관계와 권리․의무····························································· 31
제2절 권리의 종류············································································· 33
제3절 권리의 행사와 의무의 이행··················································· 38
제4절 신의성실의 원칙······································································ 41
제5절 권리의 보호············································································· 47
▮정리문제·························································································· 50
 

제3장 권리의 주체(Ⅰ)-자연인

제1절 서설··························································································· 52
제2절 자연인······················································································ 53
▮정리문제·························································································· 88
 

제4장 권리의 주체(Ⅱ)-법인

제1절 서설··························································································· 91
제2절 법인의 설립············································································ 101
제3절 법인의 능력··········································································· 108
제4절 법인의 기관············································································ 114
제5절 법인의 주소············································································ 126
제6절 정관의 변경············································································ 127
제7절 법인의 소멸············································································ 129
제8절 법인의 등기············································································ 135
제9절 법인의 감독과 벌칙······························································· 137
▮정리문제························································································· 139
 

제5장 권리의 객체

제1절 총설························································································· 142
제2절 물건························································································· 142
제3절 부동산과 동산········································································ 146
제4절 주물과 종물············································································ 149
제5절 원물과 과실············································································ 151
▮정리문제························································································· 154
 

제6장 권리변동의 모습･원인

제1절 총설························································································· 156
제2절 법률행위·················································································· 161
▮정리문제························································································· 186
 

제7장 의사표시

제1절 총설························································································· 188
제2절 의사와 표시의 불일치(의사의 흠결)····································· 191
제3절 하자있는 의사표시································································ 206
제4절 의사표시의 효력발생····························································· 210
▮정리문제························································································· 215
 

제8장 법률행위의 대리

제1절 총설························································································· 218
제2절 대리권····················································································· 221
제3절 대리행위················································································· 229
제4절 대리효과················································································· 233
제5절 복대리···················································································· 234
제6절 무권대리················································································· 237
▮정리문제························································································ 249
 

제9장 법률행위의 무효와 취소

제1절 총설························································································· 252
제2절 법률행위의 무효···································································· 254
제3절 법률행위의 취소···································································· 264
▮정리문제························································································· 274
 

제10장 법률행위의 부관(조건･기한)

제1절 총설························································································· 276
제2절 조건························································································ 276
제3절 기한························································································ 283
▮정리문제························································································ 289
 

제11장 기간

▮정리문제························································································ 295
 

제12장 소멸시효

제1절 총설························································································· 296
제2절 소멸시효의 요건··································································· 300
제3절 소멸시효의 중단···································································· 307
제4절 소멸시효의 정지···································································· 314
제5절 소멸시효의 효력···································································· 315
▮정리문제························································································· 319


 

제2편 물권법

 

제1장 물권법 일반

제1절 총설························································································· 323
제2절 물권의 종류··········································································· 326
제3절 물권의 일반적 효력······························································ 328
▮정리문제························································································· 331
 

제2장 물권의 변동

제1절 물권변동 일반········································································ 332
제2절 물권행위················································································· 334
제3절 등기························································································ 337
제4절 부동산물권변동····································································· 348
제5절 입목등기와 명인방법에 의한 물권변동······························· 352
제6절 동산물권변동········································································· 354
제7절 물권의 소멸··········································································· 359
▮정리문제························································································ 363
 

제3장 점유권

제1절 점유권 일반············································································ 365
제2절 점유의 관념화········································································ 367
제3절 점유의 모습(태양)································································· 370
제4절 점유권의 취득과 소멸··························································· 373
제5절 점유권의 효력········································································ 375
제6절 준점유···················································································· 384
▮정리문제························································································ 385
 

제4장 소유권

제1절 소유권 일반············································································ 387
제2절 소유권의 취득······································································· 399
제3절 소유권에 기한 물권적 청구권·············································· 407
제4절 공동소유················································································ 409
▮정리문제························································································· 419
 

제5장 용익물권

제1절 용익물권 일반········································································· 421
제2절 지상권···················································································· 422
제3절 지역권···················································································· 435
제4절 전세권···················································································· 440
▮정리문제························································································ 450
 

제6장 담보물권

제1절 담보물권 일반········································································ 453
제2절 유치권···················································································· 456
▮정리문제························································································ 462
제3절 질권························································································ 464
▮정리문제························································································· 477
제4절 저당권···················································································· 479
▮정리문제························································································ 497


 

제3편 채권법

 

제1장 채권법 총론

제1절 채권법 일반 및 채권･채무···················································· 503
제2절 목적에 의한 채권의 종류····················································· 504
제3절 채권의 효력··········································································· 509
제4절 책임재산의 보전···································································· 512
제5절 제3자에 의한 채권침해························································· 515
제6절 채권양도와 채무인수····························································· 516
제7절 채권의 소멸··········································································· 520
제8절 수인의 채권자 및 채무자····················································· 527
▮정리문제························································································· 541
 

제2장 계약법 총론

제1절 계약 총설··············································································· 548
제2절 계약의 종류············································································ 551
제3절 계약의 성립··········································································· 554
제4절 계약의 효력··········································································· 563
제5절 계약의 해제･해지(계약의 소멸)·········································· 577
▮정리문제························································································ 594
 

제3장 계약 각칙

제1절 매매························································································· 601
▮정리문제························································································ 630
제2절 임대차···················································································· 633
▮정리문제························································································ 663
제3절 도급························································································ 665
▮정리문제························································································ 674
제4절 위임························································································ 676
▮정리문제························································································ 682
 

제4장 부당이득과 불법행위

제1절 부당이득················································································· 683
▮정리문제························································································ 688
제2절 불법행위················································································ 689
▮정리문제························································································ 694