Civil Act.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The "Civil Act" of the Republic of Korea sets out the basic legal framework for private law in the country. It was enacted in 1958 and has since been amended multiple times to reflect changes in Korean society and to keep up with international legal developments. The Code is composed of the following Parts: I) General provisions; II) Real rights; III) Claims; IV) Relatives (family law); V) Inheritance.
PROPERTY AND REAL RIGHTS. Real rights are regulated primarily in Chapter 2 of Part II, titled "Ownership." The Civil Code recognizes ownership as the most comprehensive real right over immovable property. It establishes the criteria and conditions for acquiring, transferring, and terminating ownership rights. The Code also addresses the concept of possession, which refers to physical control and use of the property. Part II of the Civil Code also covers easements, which are limited rights to use another person's property. It includes regulations on the establishment, content, and termination of easements. Further, the Code addresses the creation and regulation of mortgages, which are security interests in real property to secure a debt. It sets out the requirements for creating a valid mortgage, the priority of mortgages, and the rights and obligations of mortgagees and mortgagors. The procedures and compensation mechanisms for expropriation cases are regulated as well.
INHERITANCE. Intestate Succession: The Civil Act establishes rules for the distribution of a deceased person's assets when they have not made a valid will. It outlines the order of inheritance among the surviving family members, such as spouses, children, parents, and siblings. Wills: The Act addresses the creation, validity, and revocation of wills. It specifies the requirements for a will to be legally recognized, including the formalities of writing, signing, and witnessing a will. The Act also covers the administration and execution of wills. The Code includes provisions regarding the inheritance of farms. These provisions recognize the unique nature of agricultural land and aim to provide special protection for farm inheritance. See for instance Article 1008-3.
OBLIGATIONS AND CONTRACTS. The Code provides the legal framework for the formation, validity, rights, and obligations of the parties involved in a contractual relationship. Specific provisions regulate sale and purchase contracts, lease, loan, employment, among others.
WATER. According to article 221 the owner of land may not interfere with the natural flow of water coming from adjoining land. The owner of higher land may not interfere with the natural flow of water necessary for and flowing down onto the adjoining lower land by diverting more water than is necessary for his reasonable use. Articles 222 and 223 deal with the right of drainage works and the right to claim repair of structures for reservoiring, draining or drawing Water. Further, it is stipulated that those engaged in agriculture and industry on the banks of public rivers may draw necessary water from the river for use in their business as long as they do not disturb the use of water by other persons rightfully entitled to such use.
PROPERTY AND REAL RIGHTS. Real rights are regulated primarily in Chapter 2 of Part II, titled "Ownership." The Civil Code recognizes ownership as the most comprehensive real right over immovable property. It establishes the criteria and conditions for acquiring, transferring, and terminating ownership rights. The Code also addresses the concept of possession, which refers to physical control and use of the property. Part II of the Civil Code also covers easements, which are limited rights to use another person's property. It includes regulations on the establishment, content, and termination of easements. Further, the Code addresses the creation and regulation of mortgages, which are security interests in real property to secure a debt. It sets out the requirements for creating a valid mortgage, the priority of mortgages, and the rights and obligations of mortgagees and mortgagors. The procedures and compensation mechanisms for expropriation cases are regulated as well.
INHERITANCE. Intestate Succession: The Civil Act establishes rules for the distribution of a deceased person's assets when they have not made a valid will. It outlines the order of inheritance among the surviving family members, such as spouses, children, parents, and siblings. Wills: The Act addresses the creation, validity, and revocation of wills. It specifies the requirements for a will to be legally recognized, including the formalities of writing, signing, and witnessing a will. The Act also covers the administration and execution of wills. The Code includes provisions regarding the inheritance of farms. These provisions recognize the unique nature of agricultural land and aim to provide special protection for farm inheritance. See for instance Article 1008-3.
OBLIGATIONS AND CONTRACTS. The Code provides the legal framework for the formation, validity, rights, and obligations of the parties involved in a contractual relationship. Specific provisions regulate sale and purchase contracts, lease, loan, employment, among others.
WATER. According to article 221 the owner of land may not interfere with the natural flow of water coming from adjoining land. The owner of higher land may not interfere with the natural flow of water necessary for and flowing down onto the adjoining lower land by diverting more water than is necessary for his reasonable use. Articles 222 and 223 deal with the right of drainage works and the right to claim repair of structures for reservoiring, draining or drawing Water. Further, it is stipulated that those engaged in agriculture and industry on the banks of public rivers may draw necessary water from the river for use in their business as long as they do not disturb the use of water by other persons rightfully entitled to such use.
Attached files
Notes
Unofficial English translation.
Repealed
No
Source language
English
Legislation Amendment
No