부동산권리분석사 2강

2강 권리분석의 유형 분류 분석

1.권리의 분류
1)내용에 의한 분류-재산권, 신분권, 인격권, 사원권
2)작용에 의한 분류 – 권리를 가지고 있으면 내가 무언가를 할 수 있다.
– 지배권: 누구에게라도 주장
– 청구권: 채권적 청구권, 물권적 청구권, 부양 청구권
-형성권: 일방의 의사로 권리를 행사할 수 있다.
-항변권: 인격권, 사원권

2.물권의 종류(민법8개)
점유권,소유권,지상권,지역권,전세권
1.점유권: 나는 이 집 안에 있다. 이 집에 누가 들어오면 막는다.
2.소유권: 법률의 범위 내에서 그 소유물을 사용, 수익, 처분 할 권리 있다
소유자가 가지고 있는 권리는 2개다 : 점유권, 소유권
경매 받는 건 소유권이다. 점유권을 위해 명도를 하는 것이다.
용인물권(지상,전체,)
유치권
질권: 전당포에 반지를 맡기는 것
저당권: 은행가면 듣는 말
저당권과 근저당권은 다른 말이다.
근저당권은 채권

3.채권의 종류
특정물 채권
종류채권
금전채권
이자채권: 최고 이자율 연 24%

4.채권의 발생원인
법률행위 – 계약(증여/매매/교환 등 전형계약 14가지)
법률의 규정- 사무관리/부당이득/불법행위

5.권리의 순서
물권>채권
물권은 등기가 먼저 된 것
채권=채권

부동산권리분석사 2강” 에 대한 364개의 댓글

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