Korean Judicial Scrivener Examination (법무사): legal and registration foundations key terms
Korean Judicial Scrivener Examination (법무사): legal and registration foundations · Get comfortable with the vocabulary.
- Juridical act
An act expressing an intention to produce legal consequences, whose validity must be assessed under the applicable substantive law.
- Void act
An act lacking the intended legal effect because a governing rule treats the defect as invalidity rather than merely a right of rescission.
- Apparent agency
A doctrine protecting qualifying reliance on a representative’s apparent authority where the specific statutory requirements are satisfied.
- Simultaneous performance
A relationship between reciprocal obligations that can permit a party to withhold its performance until the other offers the required counter-performance.
- Registration
An official recording that can be necessary for specified changes in real rights over immovable property arising from juridical acts.
- Res judicata
The binding effect of a final judgment within the objective and subjective limits prescribed for the particular adjudication.
- Burden of proof
The allocation of the risk of nonpersuasion concerning facts necessary to establish a legal claim or defense.
- Joint application
A registration procedure requiring the participation of the legally designated entitled and obligated persons unless an applicable exception permits another route.
- Provisional registration
A registration used to preserve the priority associated with a specified claim pending the conditions for the corresponding final registration.
- Correction registration
A procedure addressing an error or omission in a registration, distinguished from recording a later change in the underlying right.
- Cancellation registration
An entry removing an existing registered right or record on an appropriate substantive and procedural basis.
- Registration identification information
Confidential information supplied in the registration framework to help authenticate a qualifying application by the relevant right-holder.
- Commercial registration
Official recording of enterprise information and changes that the applicable commercial and registration laws require or permit to be registered.
- Family relations record
An official civil-status record governed by the family-registration framework rather than a substitute for every other personal certificate.
- Executory title
A legally recognized instrument or decision that supplies a basis for compulsory execution subject to the applicable procedural requirements.
- Execution clause
An endorsement used within the enforcement framework to certify that execution may proceed for the specified qualifying title and parties.
- Collection order
An enforcement order authorizing a creditor to collect a seized claim from the third-party debtor under the governing statutory framework.
- Assignment order
An enforcement order transferring a seized claim to the execution creditor in lieu of payment subject to the applicable legal conditions.
- Provisional seizure
A preservation measure aimed at protecting the possibility of later compulsory execution of a monetary or money-convertible claim.
- Performance deposit
A deposit used to perform an obligation where a statutory ground permits deposit instead of direct receipt by the creditor.
- Security deposit
A judicial deposit serving to secure a potential liability or procedural risk rather than automatically constituting final payment of the underlying debt.
- Proportionality
A structured assessment of legitimate purpose, suitability, necessity and the balance between a measure’s public benefit and its restriction of rights.
- Legal standing
The legally recognized interest that permits a person to seek a particular judicial remedy against the challenged action.
- Administrative disposition
An exercise of public authority affecting a specific person’s rights or duties, distinguished from an instruction operating only internally.
- Revocation litigation
A judicial challenge seeking cancellation of an unlawful administrative disposition within the requirements of the applicable procedural statute.
- Stay of execution
Interim judicial relief concerning the operation or enforcement of a disposition while the relevant dispute remains pending.
- Constitutional complaint
A statutory route for adjudicating specified constitutional infringements, subject to its own jurisdictional and procedural requirements.
- Judicial independence
The constitutional requirement that judges decide according to conscience and the Constitution and laws rather than executive instructions.