총 205쪽

 

< 머 리 말 >

 

이 책의 특징은 다음과 같습니다.

 

첫째, 기본서의 형식을 취하였습니다. 기본서는 기본기를 다지는데 있어 가장 적합한 형태의 교재입니다. 기본서는 서술 방식이 체계적이어서 이를 통해 공부를 하면 습득한 지식에도 체계가 생기고, 상법 전반에 걸쳐 이해도를 높일 수 있으며, 또 기억이 오래가고 legal mind를 배양하는데도 도움이 됩니다. 또한 막판 단권화 작업에 있어서도 기본서 형식의 책이 문제집 등 여타 형식의 책보다 더 효율적입니다.

 

둘째, 예를 충분히 들었습니다. 법학을 이해하는데 가장 도움이 되는 설명 방식은 예를 통한 설명입니다. 어렵고 딱딱한 법률용어만으로 설명을 하면 독자들이 그 내용을 이해하기도 어려울 뿐만 아니라 이해를 하고도 자신이 이해한 내용이 과연 정확한지에 대하여 확신이 서지 않을 수가 있습니다. 본문 설명 밑에 다룬 예들은 판례 사례이거나 해당 쟁점에 대한 전형적 사례 또는 기출문제에 나온 사례들이므로 예를 꼼꼼히 읽어보면 본문 내용을 이해하는데 큰 도움이 될 것입니다.

 

셋째, 제도의 취지와 본문 내용에 대한 이유를 간략하게나마 거의 모두 기재하였습니다. 법학을 이해하는데 있어 예를 통한 설명만큼 효율적인 것이 왜 그런지 이유를 아는 것이기 때문입니다. 본문 내용을 서술하고 이에 대한 이유를 설명한 후 다시 그와 관련한 예를 드는 방식으로 설명하여 본문 내용을 확실히 이해할 수 있도록 하였습니다.

 

넷째, 시험에 출제되지 않을 내용은 아예 다루지 않았습니다. 예컨대 외국 입법례, 입법주의, 통설·판례가 일치하고 대립의 실익이 없는 학설 대립에서의 소수설의 내용 등은 아예 다루지 않았습니다. 그러나 교과서 내용의 특정 부분을 출제가능성이 희박하다는 이유로 통째로 생략하지는 않았습니다. 이런 부분들은 조문 위주로 간략히 서술하였습니다.

 

다섯째, 핵심 내용에 해당하는 중요한 문장과 그 문장에 대한 해설, 그리고 그에 대한 예가 정확히 구분될 수 있도록 서술하였습니다. 중요 문장을 쉽게 파악할 수 있도록 하고, 막판 정리 단계에서 이 부분에만 밑줄을 그어 설명과 예는 생략하고 이 부분만 읽을 수 있도록 하기 위함입니다.

 

정리하면 이 책은 기본서의 틀을 유지하면서 출제가능성이 낮은 부분은 분량을 최소화하고 출제가능성이 높은 부분은 제도의 취지와 예를 통하여 상세하게 설명함으로써, 수험생들에게 양적으로 부담을 주지 않으면서도 중요한 부분은 정확하게 이해할 수 있도록 하는데 초점을 맞추었습니다.

 

이 책은 이철송 교수님, 송옥렬 교수님, 정찬형 교수님, 김건식·노혁준·천경훈 교수님, 임재연 변호사님의 저서를 주로 참조하여 제작하였습니다. 훌륭한 저서를 통해 후학도들을 상법학의 바른 길로 인도해 주시는 위 교수님들과 변호사님께 깊은 존경과 감사의 말씀을 올립니다.

 

마지막으로 이 책의 출간을 위해 노력해 주신 문형사의 신호창 대표님께 감사드립니다.

 

변호사 이정엽

 

 

< 차 례 >

 

⁍ 제1장 서 론 ⁌

제1절 상법의 의의

[1] 형식적 의의의 상법 ························································································· 3

[2] 실질적 의의의 상법 ························································································· 3

제2절 상법의 이념과 특성

[1] 기업의 생성·유지·강화에 대한 지원 ···································································· 4

[2] 원활한 기업활동의 보장 ··················································································· 4

[3] 거래안전의 보장 ······························································································ 5

제3절 상법의 법원[1] 의 의 ··················································································· 6

[2] 상법의 법원의 종류 ························································································· 6

‧ 기출문제 ············································································································· 9

 

⁍ 제2장 상 인(기업의 주체) ⁌

제1절 상인의 의의

[1] 총 설 ··········································································································· 15

[2] 당연상인 ······································································································· 15

[3] 의제상인 ······································································································· 18

[4] 소상인 ·········································································································· 20

[5] 상인 여부의 판단방법 ····················································································· 21

제2절 상인자격의 취득과 상실

[1] 총 설 ··········································································································· 21

[2] 자연인의 상인자격 ························································································· 21

[3] 법인의 상인자격 ···························································································· 24

제3절 영업능력(상행위능력)

[1] 총 설 ··········································································································· 25

[2] 미성년자의 허락된 영업··················································································· 26

[3] 미성년자가 무한책임사원이 되는 경우 ······························································ 26

[4] 법정대리인에 의한 영업의 대리 ······································································· 27

‧ 기출문제 ··········································································································· 28

 

⁍ 제3장 상업사용인(기업의 경영보조자) ⁌

[1] 총 설 ··········································································································· 43

[2] 지배인 ·········································································································· 45

[3] 부분적 포괄대리권을 가진 상업사용인 ······························································ 53

[4] 물건판매점포사용인 ························································································ 55

[5] 상업사용인의 의무(광의의 경업피지의무) ·························································· 57

‧ 기출문제 ··········································································································· 61

 

⁍ 제4장 상 호(기업의 명칭) ⁌

[1] 상호의 의의 ·································································································· 83

[2] 상호의 선정 ·································································································· 83

[3] 상호의 보호 ·································································································· 85

[4] 상호의 이전과 폐지·변경 ················································································· 91

[5] 명의대여자의 책임 ························································································· 92

‧ 기출문제 ··········································································································· 99

 

⁍ 제5장 상업장부 ⁌

[1] 상업장부의 의의 ·························································································· 131

[2] 상업장부의 종류 ·························································································· 131

[3] 상업장부에 관한 상인의 의무 ········································································ 132

‧ 기출문제 ········································································································· 134

 

⁍ 제6장 영업소 ⁌

[1] 영업소의 의의 ····························································································· 139

[2] 영업소의 수와 종류 ······················································································ 139

 

⁍ 제7장 상업등기(기업의 공시) ⁌

[1] 상업등기의 의의 ·························································································· 143

[2] 등기사항 ····································································································· 143

[3] 상업등기의 효력 ·························································································· 144

‧ 기출문제 ········································································································· 153

 

⁍ 제8장 영업양도(기업의 이전) ⁌

[1] 총 설 ······································&m