Prologue
Prol1ogue 권리변동의 시간적 흐름순서에 따른 민법체계의 재구성 ···································2
Pro2logue 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
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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) 기출 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
069 -1 쌍방에 공통하는 동기의 착오 B ··············································································266
070 사기 혹은 강박에 의한 의사표시(하자있는 의사표시) 기출 C ········································268
071 사기 혹은 강박에 의한 의사표시(하자있는 의사표시) 기출 B+ ······································272
072 사자(使者) 기출 C ···········································································································274
073 대표권과 대리권의 비교 C ······························································································276
074 대리권의 발생원인 C ·······································································································278
075 수권행위 기출 C ··············································································································280
076 대리권의 범위 B+ ···········································································································282
077 대리권의 제한 A ·············································································································284
078 대리권의 범위와 제한 B+ ·······························································································286
079 대리인의 능력 B ·············································································································288
080 대리권의 남용 기출 B ······································································································290
081 현명(顯名)주의 기출 C ·····································································································292
082 하자있는 대리행위(대리행위의 하자) 기출 C ····································································294
083 복대리 기출 C ·················································································································296
084 표현대리(表現代理) C ····································································································298
085 표현대리(表現代理) B+ ···································································································302
086 표현대리의 종류와 효과 B+ ····························································································304
087 제125조의 표현대리(대리권수여의 표시에 의한 표현대리) A+ ·········································306
088 제126조의 표현대리(권한을 넘은 표현대리) 기출 C ·························································308
089 제126조의 표현대리(권한을 넘은 표현대리) 기출 B+ ·······················································312
090 일상가사대리권 B- ··········································································································314
091 제129조의 표현대리(대리권 소멸후 표현대리) A+ ···························································316
092 협의의 무권대리 C ··········································································································318
093 계약의 무권대리(계약에 있어서 무권대리) B ···································································322
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094 협의의 무권대리에서 본인과 상대방의 관계 B- ······························································324
095 제한능력자 상대방의 최고와 무권대리 상대방의 최고 C ·················································326
096 무권리자 처분행위에 대한 권리자의 추인 기출 C ····························································328
097 무효행위의 추인 기출 C ··································································································330
098 토지거래허가제도 A ·········································································································332
099 유동적 무효 A ·················································································································334
100 일부무효 기출 C ··············································································································336
101 무효행위의 전환 기출 C ··································································································338
102 법률행위의 취소 C ··········································································································340
103 법률행위의 취소 B ··········································································································344
104 무효와 취소 B+ ···············································································································346
105 취소할 수 있는 법률행위의 추인 B ·················································································348
106 법정추인 B+ ····················································································································350
107 일부 취소 B ····················································································································352
108 민법상 추인 C ·················································································································354
109 민법상 추인 B ·················································································································358
110 조건부 법률행위 C ··········································································································360
111 조건부 법률행위의 효력 기출 C ······················································································364
112 기한부 법률행위 C ··········································································································366
113 조건과 기한 C ·················································································································368
114 소멸시효와 제척기간 기출 B+ ·························································································370
115 소멸시효의 기산점 B- ·····································································································372
116 소멸시효 완성의 효과 기출 C ··························································································374
117 소멸시효의 정지 C ··········································································································376
118 소멸시효의 중단사유 기출 C ···························································································378
119 응소와 시효중단 기출 C ··································································································380
120 소멸시효이익의 포기 기출 C ···························································································382
차 경찰간부시험대비
례
사 례
001 권리남용금지의 원칙 A+ ·································································································386
002 실효의 원칙, 권리남용금지의 원칙 A ··············································································390
003 태아의 권리능력 B+ ········································································································394
004 태아의 권리능력 B+ ········································································································397
005 태아의 권리능력 B ··········································································································400
006 제한능력자의 상대방 보호(2008년) 기출 ··········································································402
007 미성년자의 행위능력, 처분을 허락한 재산(제6조) B ························································406
008 제한능력자의 법률행위의 효력과 상대방 보호 B ·····························································408
009 미성년자의 신용거래 B+ ·································································································413
010 일부취소, 미성년자의 부당이득반환범위(2016년) 기출 ·····················································417
011 부재자재산관리·무권대리(2012년) 기출 ···········································································421
012 실종선고 취소(2004년) 기출 ·····························································································425
013 관습법·종중 B ···············································································································428
014 권리능력 없는 사단, 대표권 제한 및 대표권 남용 A ······················································432
014 -1 권리능력 없는 사단의 총유물 처분 및 불법행위책임 A ·········································436
015 재단법인 출연재산의 귀속시기, 이사의 대표권 제한 A ···················································439
016 법인의 불법행위능력과 이사의 대표권남용(2011년) 기출 ·················································443
017 법률에 의한 대표권 제한 B ·····························································································446
018 정관에 의한 대표권 제한 A ····························································································450
019 법률행위의 해석, 특히 그릇된 표시의 해석 B+ ······························································454
020 타인의 명의를 사용한 법률행위 기출 C ···········································································457
021 금반언의 원칙 및 신의칙 적용의 한계, 유동적 무효, 강행규정 B+ ·································460
022 반사회질서 위반행위(제103조), 불법원인급여(2013년) 기출 ··············································464
023 불공정한 법률행위(제104호), 불법원인급여(2014년) 기출 ·················································468
024 제104조와 무효행위의 전환, 무상행위 B ·········································································472
주관식 민법총칙 차
례
025 차명대출, 부동산의 이중매매(2019년) 기출 ··································································476
026 통정허위표시(2003년) 기출 ·······························································································480
027 제108조 2항(2017년) 기출 ·······························································································483
028 비진의 표시, 통정 허위표시, 선의의 제3자 보호 B- ·················································486
029 쌍방의 공통하는 동기의 착오·상대방에 의해 제공된 동기의 착오 B- ···························489
030 오표시무해의 원칙·착오를 이유로 한 취소(2005년) 기출 ················································494
031 사기에 의한 의사표시와 착오에 의한 의사표시 B ···························································498
032 쌍방의 공통하는 동기의 착오 B ······················································································502
033 일부취소 B- ····················································································································505
034 타인명의를 사용한 법률행위, 유발된 동기의 착오, 신뢰이익 배상(2018년) 기출 ·············509
035 착오·사기를 이유로 한 취소·선의의 제3자 보호(2009년) 기출 ·····································513
036 강박에 의한 의사표시, 진의 아닌 의사표시 B+ ······························································517
037 공동대리, 이해상반행위, 친권남용 A ···············································································520
038 공동대리와 표현대리, 착오에 의한 의사표시 B ·······························································522
039 사기, 제한능력자의 법률행위, 수권행위의 독자성과 유인성 B+ ······································525
040 수권행위, 착오에 의한 의사표시 B ··················································································530
041 일상가사대리권과 표현대리 B+ ·······················································································532
042 복대리·표현대리·일부무효 A+ ······················································································535
043 표현대리·협의의 무권대리(2010년) 기출 ·········································································539
044 수권행위와 원인된 법률행위, 제129조, 제135조(2015년) 기출 ·········································543
045 타인명의를 사용한 법률행위, 대리권 남용, 표현대리 기출 C ··········································548
046 무권대리 추인의 상대방과 철회권, 추인의 소급효 제한 B ·········································552
047 사자와 대리, 무권리자 처분행위에 대한 추인(2015년) 기출 ········································554
048 유동적 무효 등 B ··········································································································558
049 응소와 시효중단 B ········································································································560
050 소멸시효 완성의 효과, 소멸시효 이익의 포기 B+ ······················································562
051 응소와 시효중단, 소멸시효의 완성과 포기의 상대효 B+ ············································565
052 소멸시효(2017년) 기출 ···································································································569