목차 

• 　󰠛　대 목 차
  
• 제 1 편 상법총칙
• 제 1 장 서 론 ············································································································· 3
• 제 1 절 상법의 의의 ·········································································································· 3
• 제 2 절 상법의 법원 ·········································································································· 4
• 제 2 장 상 인 ··········································································································· 11
• 제 1 절 상인의 의의 ········································································································ 11
• 제 2 절 상인자격의 취득과 상실 ··················································································· 15
• 제 3 장 상업사용인(기업의 경영보조자) ································································· 18
• 제 1 절 상업사용인 ········································································································ 18
• 제 2 절 지 배 인 ············································································································· 19
• 제 3 절 부분적 포괄대리권을 가진 상업사용인 ·························································· 27
• 제 4 절 물건판매점포의 사용인(의제상업사용인) ························································ 30
• 제 5 절 상업사용인의 의무 ···························································································· 31
• 제 4 장 상호(기업의 명칭) ·························································································· 34
• 제 1 절 총　　설 ············································································································· 34
• 제 2 절 상 호 권 ············································································································· 36
• 제 3 절 상호권의 이전과 폐지 ······················································································ 41
• 제 4 절 명의대여자의 책임 ···························································································· 42
• 제 5 장 상업등기 ············································································································ 47
• 제 1 절 상업등기의 의의 ································································································ 47
• 제 2 절 효　　력 ············································································································· 48
• 제 6 장 영업양도 ············································································································ 53
• 제 1 절 영업의 의의 ········································································································ 53
• 제 2 절 영업양도의 의의와 법적 성질 ········································································· 54
• 제 3 절 영업양도의 절차 ································································································ 56
• 제 4 절 영업양도의 효과 ································································································ 57
• 대 목 차 󰠛　5
• 제 2 편 상행위법
• 제 1 장 통 칙 ··········································································································· 67
• 제 1 절 상행위의 의의와 종류 ······················································································ 67
• 제 2 절 민법 총칙편에 대한 특칙 ················································································· 70
• 제 3 절 물권편에 대한 특칙 ·························································································· 76
• 제 4 절 채권편에 대한 특칙 ·························································································· 81
• 제 5 절 매매에 관한 특칙(상사매매) ············································································ 89
• 제 6 절 상호계산 ············································································································· 97
• 제 7 절 익명조합 ··········································································································· 101
• 제 8 절 합자조합 ··········································································································· 105
• 제 2 장 상행위법 각칙 ······························································································· 109
• 제 1 절 대 리 상 ··········································································································· 109
• 제 2 절 중 개 업 ··········································································································· 113
• 제 3 절 위탁매매업 ······································································································· 116
• 제 4 절 운송주선업 ······································································································· 122
• 제 5 절 운 송 업 ··········································································································· 129
• 제 6 절 공중접객업 ····································································································· 151
• 제 7 절 창 고 업 ··········································································································· 155
• 제 3 장 새로운 상행위 ······························································································· 161
• 제 1 절 금융리스업 ······································································································· 161
• 제 2 절 가 맹 업 ··········································································································· 167
• 제 3 절 채권매입업 ······································································································· 170
• 제 3 편 회 사 법
• 제 1 장 통 칙 ········································································································· 177
• 제 1 절 회사의 의의 ····································································································· 177
• 제 2 절 회사의 권리능력 ······························································································ 185
• 제 3 절 회사의 설립 ····································································································· 188
• 제 4 절 조직변경 ··········································································································· 196
• 제 5 절 회사의 해산, 계속 ·························································································· 198
• 대
• 목
• 차
• 6　󰠛　대 목 차
• 제 2 장 주식회사 ········································································································· 204
• 제 1 절 주식회사의 의의 ······························································································ 204
• 제 2 절 주식회사의 설립 ······························································································ 208
• 제 3 절 주식과 주식양도 ······························································································ 231
• 제 4 절 주식회사의 기관 ······························································································ 292
• 제 5 절 자본금의 증감 ·································································································· 423
• 제 6 절 회사의 회계 ····································································································· 449
• 제 7 절 사　　채 ··········································································································· 466
• 제 8 절 회사의 구조조정 ······························································································ 488
• 제 4 편 어음 · 수표법
• 제 1 장 어음ㆍ수표의 기초이론 ·············································································· 529
• 제 2 장 어음ㆍ수표 총론 ··························································································· 533
• 제 1 절 어음·수표행위 ································································································ 533
• 제 2 절 어음행위의 대리 ······························································································ 541
• 제 3 절 어음의 위조와 변조 ························································································ 548
• 제 4 절 백지어음 ··········································································································· 554
• 제 5 절 어음의 실질관계 ······························································································ 561
• 제 3 장 어음ㆍ수표 각론 ··························································································· 569
• 제 1 절 어음상 권리와 책임 ························································································ 569
• 제 2 절 어음상 권리의 발생 ························································································ 572
• 제 3 절 어음상 권리의 이전 ························································································ 596
• 제 4 절 어음상 권리의 행사 ························································································ 621
• 제 5 절 어음상 권리의 소멸 ························································································ 647
• 제 6 절 기타의 제도 ····································································································· 664
• 대 목 차 󰠛　7
• 제 5 편 보 험 법
• 제 1 장 보험계약과 보험법 ······················································································ 679
• 제 1 절 보험의 정의 ····································································································· 679
• 제 2 절 보험계약의 의의 ······························································································ 682
• 제 3 절 보 험 법 ··········································································································· 684
• 제 4 절 보험계약법의 법원 ·························································································· 687
• 제 2 장 보험계약의 성립 ··························································································· 693
• 제 1 절 보험계약의 요소 ······························································································ 693
• 제 2 절 보험계약의 체결 ······························································································ 700
• 제 3 절 고지의무 ··········································································································· 704
• 제 4 절 보험자의 의무 ·································································································· 717
• 제 5 절 보험계약자·피보험자·보험수익자의 의무 ················································· 722
• 제 6 절 보험계약의 무효·변경·소멸·부활 ···························································· 733
• 제 7 절 타인을 위한 보험계약 ···················································································· 738
• 제 3 장 손해보험 총론 ······························································································· 744
• 제 1 절 손해보험계약 ···································································································· 744
• 제 2 절 피보험이익 ······································································································· 745
• 제 3 절 보험가액과 보험금액 ······················································································ 747
• 제 4 절 손해보험계약의 효과 ······················································································ 756
• 제 5 절 보험자대위 ······································································································· 761
• 제 6 절 보험목적의 양도 ······························································································ 771
• 제 4 장 손해보험 각론 ······························································································· 775
• 제 1 절 화재보험 ··········································································································· 775
• 제 2 절 책임보험 ··········································································································· 777
• 제 3 절 보증보험 ··········································································································· 798
• 제 5 장 인 보 험 ····································································································· 803
• 제 1 절 통　　칙 ··········································································································· 803
• 제 2 절 생명보험 ··········································································································· 806
• 제 3 절 상해보험 ··········································································································· 820
• 제 4 절 질병보험 ··········································································································· 830
• 세
• 부
• 목
• 차
• 8　󰠛　세부 목차
• 제1편 상법총칙
• 제 1 장 서 론 (3~10)
• 제 1 절　상법의 의의 ········································································································· 3
• Ⅰ. 형식적 의의의 상법 ·································································································· 3
• Ⅱ. 실질적 의의의 상법 ·································································································· 3
• 1. 상 개념의 기원 3 2. 상법의 대상론 3
• 제 2 절　상법의 법원 ········································································································· 4
• Ⅰ. 의 의 ······················································································································ 4
• Ⅱ. 상관습법 ··················································································································· 4
• Ⅲ. 보통거래약관의 법원성 ····························································································· 4
• 1. 의 의 4 2. 보통거래약관에 대한 규제 5
• 3. 보통거래약관의 명시설명의무 5 4. 보통거래약관의 구속력 7
• 5. 판례의 입장과 설명의무의 예외 8 6. 약관의 해석 10
• 제 2 장 상 인 (11~17)
• 제 1 절　상인의 의의 ······································································································· 11
• Ⅰ. 뜻 ··························································································································· 11
• Ⅱ. 상인의 개념 ·········································································································· 11
• 1. 입법주의 11 2. 상인의 종류 11
• 3. 영업성, 기업성 11
• Ⅲ. 당연상인 ················································································································· 12
• 1. 의 의 12 2. 자기명의 12
• 3. 기본적 상행위 13
• Ⅳ. 의제상인(擬制商人) ································································································· 14
• 1. 의 의 14 2. 의제상인의 종류 14
• Ⅴ. 소 상 인 ··············································································································· 15
• 제 2 절　상인자격의 취득과 상실 ·················································································· 15
• Ⅰ. 상인자격의 의의 ····································································································· 15
• 세부 목차 󰠛　9
• Ⅱ. 상인 자격의 취득 ··································································································· 15
• 1. 법 인 15 2. 자연인 16
• Ⅲ. 자연인의 상인자격의 취득시점 ·············································································· 16
• 1. 학 설 16 2. 판 례 17
• 제 3 장 상업사용인(기업의 경영보조자) (18~33)
• 제 1 절　상업사용인 ······································································································· 18
• Ⅰ. 입법의 취지 ············································································································ 18
• Ⅱ. 상업사용인의 의의 ································································································· 18
• 1. 상업사용인의 요소 19 2. 종 류 19
• 제 2 절　지 배 인 ············································································································ 19
• Ⅰ. 지배인의 의의 ········································································································ 19
• Ⅱ. 선임과 종임 ············································································································ 20
• 1. 선임과 종임 20 2. 등 기 20
• Ⅲ. 지배인의 권한 ········································································································ 20
• 1. 포괄성, 정형성 20 2. 영업에 관한 행위 21
• 3. 불가제한성 21 4. 지배권의 남용 22
• Ⅳ. 공동지배인 ············································································································· 23
• 1. 지배권의 제한 23 2. 개별적 위임 23
• Ⅴ. 표현지배인 ············································································································· 24
• 1. 의 의 24 2. 요 건 24
• 3. 효 과 26
• 제 3 절　부분적 포괄대리권을 가진 상업사용인 ··························································· 27
• Ⅰ. 의 의 ···················································································································· 27
• 1. 뜻 27 2. 포괄 · 정형성, 불가제한성 27
• 3. 선 임 27
• Ⅱ. 대리권의 범위 ······································································································ 28
• 1. 특정한 사항 28 2. 대리권 범위 밖의 경우 28
• 3. 표현지배인 규정의 유추적용 여부 29
• Ⅲ. 대리권의 남용 ········································································································ 29
• 제 4 절　물건판매점포의 사용인(의제상업사용인) ························································· 30
• Ⅰ. 의 의 ···················································································································· 30
• 세
• 부
• 목
• 차
• 10　󰠛　세부 목차
• Ⅱ. 요 건 ···················································································································· 30
• 1. 외관의 존재 30 2. 귀책사유 30
• 3. 제3자의 선의 31
• 제 5 절　상업사용인의 의무 ···························································································· 31
• Ⅰ. 부작위의무의 부과 ································································································· 31
• Ⅱ. 경업금지의무 ·········································································································· 31
• 1. 의 의 31 2. 개입권 31
• Ⅲ. 겸직금지의무 ········································································································ 33
• 1. 의 의 33 2. 위반효과 33
• 제 4 장 상호(기업의 명칭) (34~46)
• 제 1 절　총　　설 ············································································································ 34
• Ⅰ. 상호권의 입법 ··································································································· 34
• Ⅱ. 상호의 의의 ······································································································ 34
• Ⅲ. 상호의 선정 ······································································································ 35
• Ⅳ. 상호의 등기 ······································································································ 35
• 1. 공 시 35 2. 가등기 36
• 제 2 절　상 호 권 ············································································································ 36
• Ⅰ. 상호권의 의의 ··································································································· 36
• 1. 의 의 36 2. 법적 성질 36
• Ⅱ. 상호전용권 ········································································································ 37
• 1. 상호전용권의 의의 37 2. 상호등기 전의 상호전용권 37
• 3. 상호등기 후의 상호전용권 38
• Ⅲ. 등기상호권자의 등기배척권 ··············································································· 39
• 1. 상법 제22조의 효력 39 2. 상법 제22조의 요건 40
• 제 3 절　상호권의 이전과 폐지 ······················································································ 41
• Ⅰ. 상호의 양도 ······································································································ 41
• 1. 원 칙 41 2. 양도방법 41
• 3. 상호권의 양도효과 41
• Ⅱ. 상호의 폐지 ······································································································ 42
• 제 4 절　명의대여자의 책임 ···························································································· 42
• Ⅰ. 의 의 ·············································································································· 42
• 판 례 색 인 󰠛　831