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민법정리(2019)
* 중고장터 판매상품은 판매자가 직접 등록/판매하는 상품으로 판매자가 해당상품과 내용에 모든 책임을 집니다. 우측의 제품상태와 하단의 상품상세를 꼭 확인하신 후 구입해주시기 바랍니다.
1156쪽 | B5
ISBN-10 : 118849273X
ISBN-13 : 9791188492732
민법정리(2019) 중고
저자 박승수 | 출판사 에듀비
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897 책상태가 매우 깨끗한데 저렴하게 구입했습니다. 감사드립니다. 5점 만점에 5점 heh*** 2020.07.03
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상품구성 목록
상품구성 목록

- 독자대상 : 민법 학습자
- 구성 및 특징 :
① 최근 경향 반영
② 학습 내용 체계적으로 구성

저자소개

목차

제1편 민법총칙
제1장 민법의 서론 ? 4
제1절 민법의 의의 ·········································································································4
제2절 민법의 법원 ·········································································································4
제3절 민법의 기본원리 ·································································································8
제4절 민법의 적용 및 해석 ··························································································8
제5절 민법의 효력범위 ·································································································8
제2장 법률관계와 권리?의무 ? 9
제1절 법률관계 ···············································································································9
제2절 신의성실의 원칙 ? 저지의 항변 ······································································10
제3장 권리의 주체 ? 20
제1절 권리주체의 총설 ································································································20
제2절 자연인 ················································································································20
제3절 법인 ····················································································································50
제4장 권리의 객체 ? 73
제5장 권리의 변동 ? 82
제1절 권리변동 서설 ····································································································82
제2절 법률행위 ············································································································82
제3절 의사표시 ···········································································································112
제4절 법률행위의 대리 ······························································································136
제5절 법률행위의 무효와 취소 ················································································170
제6절 법률행위의 부관 ·····························································································189
제6장 소멸시효 ? 198
제1절 서설 ···················································································································199
제2절 소멸시효의 요건 ······························································································202
제3절 중단과 정지 ·····································································································212
제4절 소멸시효 완성의 효과 ··················································································228
제2편 채권총론
제1장 채권법 서론 ? 238
제1절 채권법의 의의 ··································································································238
제2절 채권관계의 의의 ······························································································238
제2장 채권의 목적 ? 242
제1절 채권의 목적의 의의 ························································································242
제2절 특정물채권 ·······································································································242
제3절 종류채권 ···········································································································244
제4절 금전채권 ·········································································································248
제5절 이자채권 ···········································································································253
제6절 선택채권 ···········································································································256
제7절 임의채권 ···········································································································258
제3장 채권의 효력 ? 259
제1절 총설 ···················································································································259
제2절 채권의 기본적 효력 ······················································································259
제3절 채무불이행의 유형 및 요건 ···········································································261
제4절 채무불이행의 효과 ··························································································295
제5절 채권의 대외적 효력 - 제3자의 채권침해 ···················································313
제6절 채권의 대외적 효력 - 책임재산의 보전 ······················································315
제4장 다수당사자의 채권관계 ? 369
제1절 분할채권관계 ····································································································369
제2절 불가분채권관계 ································································································371
제3절 연대채무 ···········································································································373
제4절 보증채무 ···········································································································384
제5장 채권양도와 채무인수관계 ? 412
제1절 채권양도 ···········································································································412
제2절 채무인수 ···········································································································433
제6장 채권의 소멸 - 멸각의 항변인수관계 ? 443
제1절 변제 ···················································································································443
제2절 대물변제 ···········································································································468
제3절 공탁 ··················································································································471
제4절 상계 - 멸각의 항변 사시 사례 기출 변호사 사례 기출 ···························479
제5절 경개 ················································································································490
제6절 면제 ··················································································································493
제7절 혼동 ··················································································································493
제8절 전부금·추심금 청구 ························································································494
제9절 가압류, 가처분 ································································································500
제3편 채권각론
제1장 계약 총론 ? 506
제1절 계약의 자유와 제한 ························································································506
제2절 계약의 성립 ·····································································································509
제3절 계약의 효력 ·····································································································518
제4절 계약의 해제와 해지 ························································································533
제2장 계약 각론 ? 562
제1절 증여 ···················································································································562
제2절 매매 ··················································································································567
제3절 교환 ··················································································································597
제4절 소비대차 ···········································································································598
제5절 사용대차 ···········································································································600
제6절 임대차 ··············································································································601
제7절 고용 ··················································································································659
제8절 도급 ··················································································································660
제9절 현상광고 ···········································································································673
제10절 위임 ················································································································675
제11절 임치 ·················································································································678
제12절 조합 ·················································································································680
제13절 종신정기금 ·····································································································690
제14절 화해 ················································································································690
제15절 여행계약 ·········································································································693
제3장 법정채권관계 ? 694
제1절 사무관리 ···········································································································694
제2절 부당이득 ···········································································································698
제3절 불법행위 ···········································································································715
제4편 물권법
제1장 물권법 서론 ? 764
제1절 물권의 본질 ······································································································764
제2절 물권의 종류 ·····································································································766
제3절 물권의 효력 ···································································································769
제2장 물권의 변동 ? 774
제1절 물권변동 총설 ··································································································774
제2절 법률행위에 의한 부동산물권의 변동 ····························································776
제3절 법률행위에 의하지 않은 물권변동 ······························································814
제4절 동산물권의 변동 ······························································································817
제5절 명인방법과 입목등기에 의한 부동산물권의 변동 ········································825
제6절 물권의 소멸 ·····································································································826
제3장 기본물권 ? 831
제1절 점유권 ···············································································································831
제2절 소유권 ··············································································································842
제4장 용익물권 ? 927
제1절 지상권 ···············································································································927
제2절 지역권 ··············································································································949
제3절 전세권 ··············································································································949
제5장 담보물권 ? 960
제1절 담보물권 총설 ··································································································960
제2절 유치권 ··············································································································961
제3절 질권 ··················································································································973
제4절 저당권 ··············································································································981
제5절 비전형담보물권 ······························································································1020
제5편 가족법
제1장 친족법 ? 1040
제1절 총설 ·················································································································1040
제2절 친족 ················································································································1043
제3절 가족 ················································································································1044
제4절 혼인 ················································································································1045
제5절 친자관계 ·········································································································1080
제5절 후견 ················································································································1100
제6절 부양 ················································································································1100
제2장 상속법 ? 1103
제1절 총설 ·················································································································1103
제2절 상속인 ··········································································································1110
제3절 상속의 효과 ···································································································1115
제4절 유언 ················································································································1142
제5절 유류분(★★★) ······························································································1149

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[머리말] 올해도 저의 민법정리를 사랑해주시는 수험생·독자 여러분들께 진심으로 감사의 말씀을 드립니다. 본 변호사는 제30기 사법시험을 합격하고 사법연수원을 졸업한 2001년부터 18년 동안 변호사 실무와 함께 사법시험과 변호사 시험 대비 민법과 ...

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[머리말]
올해도 저의 민법정리를 사랑해주시는 수험생·독자 여러분들께 진심으로 감사의 말씀을 드립니다.
본 변호사는 제30기 사법시험을 합격하고 사법연수원을 졸업한 2001년부터 18년 동안 변호사 실무와 함께 사법시험과 변호사 시험 대비 민법과 민사소송법 강의를 병행하여 왔습니다. 본 변호사는 사법연수원의 전문교육을 받고 실무경험을 바탕으로 하여 요건사실을 기본으로 한 소장과 판결문을 작성하는 방식의 사례풀이구조와 공부방법을 제시하는 강의로 수많은 수험생로부터 호응을 받아 왔고, 본 변호사의 강의를 들은 수많은 수험생들이 합격을 하였으며, 현재 판?검사 및 변호사로 훌륭히 활동하고 있습니다. 본 교재도 2001년부터 사법시험 대비를 위한 기본서로 출발하여 현재에 변호사 시험대비를 위한 교재로 역할을 하고 있습니다. 그 동안 수많은 수험생들의 과분한 사랑에 받아 왔고, 이에 보답하기 위해서 본 변호사는 본 교재를 가지고 공부하는 수험생들이 반드시 합격할 수 있도록 노력을 기울여 왔습니다. 이번 판에도 수험생들의 많은 고언을 듣고 기존 2018년판의 기본내용에서 다음과 같은 내용을 반영하여 개정하였습니다.

1. 사례형과 기록형의 유기적 공부를 위한 내용정리
본서는 변호사 시험에서 사례형과 기록형 시험을 연결하면서 공부할 수 있도록 정리하였습니다. 즉 민사법에서 가장 출제가능한 쟁점에 대해서 요건사실을 기초로 한 소장과 판결문 작성방식의 주장 ? 항변 - 재항변 순의 사례풀이구조를 숙지할 수 있도록 한 다음 이를 바탕으로 원고의 청구 - 피고의 예상되는 주장 ? 원고의 반박 순으로 공부할 수 있도록 정리하였습니다. 대부분 수험생들이 느끼는 바와 같이 아무런 연관 없이 논점만 나열하는 사례공부로는 논리적으로 이해할 수 없기 때문에 단순암기를 할 수 밖에 없어 합격점수를 획득할 수 어렵다고 봅니다. 따라서 반드시 위와 같이 논리적 사례풀이구조로 공부해야 합격점수를 획득할 수 있다고 봅니다.

2. 요건사실을 바탕으로 한 선택형 풀이를 위한 내용정리
또한 변호사 시험에서 선택형 시험도 철저히 요건사실 위주로 공부하고 해당지문이 사례풀이구조에서 어느 부분에 위치하는지 파악하면서 공부해야 한다고 봅니다. 이어 맞추어 본서는 선택형으로 출제가능한 지문내용을 해당 요건사실과 해당 사례풀이구조에 편입시켜 요건사실과 사례풀이구조 공부만으로도 정답을 고를 수 있도록 정리하였습니다. 본서를 기본서로 공부하고 선택형을 바로 연습하면 선택형에서 이 역시 넉넉히 합격점수를 획득할 수 있다고 봅니다.

3. 변호사 시험에서 가장 출제 가능한 판례와 최근 판례 반영 및 정리
7회에 걸친 변호사 본시험 문제와 매년 3회에 걸친 법전협 모의고사 문제들만 해도 그 양이 방대하게 축적되어 있어 이제 위 문제들만으로도 다른 시험영역과 다른 변호사 시험만의 출제영역이 독자적으로 구축되어 있다고 봅니다. 따라서 본서는 위 변호사 시험문제들을 철저히 분석하여 반복하여 출제되는 판례지문들을 위주로 본서 내용에 실으려고 노력하였으며 변호사시험에 기출된 부분은 해당부분에 선택 ?18 사례 ?18 기록 ’18 등으로 특정하였고 사례형의 경우 변호사 ?18 7회로 표기하여 중요부분을 집중적으로 공부할 수 있도록 하였습니다. 그리고 최근 판례는 2018. 12. 1.자 판례공보에 실린 판례들까지 본서의 해당부분에 반영하였습니다.

4. 판례의 이해와 암기를 위한 밑줄 정리
판례의 원문을 충실히 실으려고 하였으며, 너무 양이 방대한 판례는 그 내용을 이해하고 답안지 쓰기에 적당한 양으로 축약하였습니다. 그리고 2018년판에서는 판례의 입장과 판례의 정리를 따로 서술한 것을 판례의 입장은 위와 같이 판례원문의 내용을 적절한 양으로 축약하고 판례정리부분은 검토란으로 하여 판례의 근거를 제시하는 방향으로 서술하여 핵심내용만 답안지에 서술할 수 있도록 하였습니다. 그리고 판례원문에 키워드와 암기할 내용을 밑줄로 특정하여 밑줄만 보아도 내용을 파악하고 암기될 수 있도록 하였습니다.

5. 본문 내용의 짧은 기간 내에 일독을 위한 정리
변호사 시험은 본시험 전날 기본서 내용의 전 범위를 일독할 수 있으면 반드시 합격할 수 있다고 봅니다. 그러기 위해서는 기본서의 내용을 시험 전날 전 범위를 일독할 수 있도록 축약하고 정리해 놓아야 합니다. 이를 위해서 본서내용을 논리적으로 이해하면서 빠르게 끊기지 않고 정독할 수 있도록 정리하였습니다. 종전 판은 중요 쟁점마다 기본내용과 그 내용을 기초로 한 사례를 실어 놓았으나 이는 빠르게 기본내용을 정독하는데 흐름이 끊기는 단점이 있었습니다. 그래서 2018년부터 기본사례는 별도의 책으로 분리하여 따로 구입항수 있도록 하였으며 중간에 흐름을 끊게 하는 다른 논점들은 과감히 생략하였습니다.

6. 새로운 편집과 각주의 본문 편입과 여백 활용
이번 2019년판은 새로운 편집으로 수험생들로 하여금 가독성이 좋게 개정하였습니다. 또한 각주 내용을 될 수 있으면 모두 본문에 편입하였고, 위 아래 옆의 공간을 더 넓게 편집하여 여백을 잘 활용할 수 있도록 하였습니다. 기본서를 정리하다보면 포스트잇 용지를 덕지 덕지 붙여서 정리해야 하는 불편은 모든 수험생들이 경험을 하였을 것입니다. 따라서 본서의 위와 아래 및 옆 공간을 활용하여 직접 필기해놓으면 마지막 일독시 불편함이 없이 정독할 수 있고 기억도 오래갈 수 있으므로 위 공간들을 최대한 활용할 것을 권합니다.

7. 나머지 공부방법은 종전 판의 머리말을 참조하시면 될 것입니다.
그리고 본서 한권으로 변호사시험의 선택형·사례형·기록형을 모두 대비할 수 있도록 한 본서의 기본적 특성은 그대로 유지될 수 있도록 하였습니다. 학습의 편의를 위한 세목차와 판례색인은 별책으로 구성하여 본서와 함께 제공합니다.

독자분들과의 소통은 저자의 메일인 pss1359@empas.com으로 직접 질문을 보내 주시면 직접 성실히 답변해드리겠습니다. 본서로 공부하시는 수험생들이 반드시 합격하기를 기원하겠습니다.

2018년 12월 박승수 변호사

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1) 해외주문도서 : 이용자의 요청에 의한 개인주문상품이므로 단순 변심 및 착오로 인한 취소/교환/반품 시 해외주문 반품/취소 수수료 고객 부담 (해외주문 반품/취소 수수료는 판매정가의 20%를 적용

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- 상품의 불량에 의한 교환, A/S, 환불, 품질보증 및 피해보상 등에 관한 사항은 소비자분쟁해결 기준 (공정거래위원회 고시)에 준하여 처리됨

- 대금 환불 및 환불지연에 따른 배상금 지급 조건, 절차 등은 전자상거래 등에서의 소비자 보호에 관한 법률에 따라 처리함

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