英國의 浮動抵當權에 관한 硏究

• 영문명: A Study on the English Floating Charge
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 한기정(Ki-Jeong Han)
• 간행물 정보: 『비교사법』비교사법 제10권 4호, 119~176쪽, 전체 58쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.12.01

영문 초록

There is an amounting concern in Korea that the present charge system under which the debtor, the chagor, can not dispose of the charged assets in the ordinary of business without the consent of the creditor, the chargee, should be subject to reform. On the other hand, English courts have developed the law and theory of floating charge since 1870 when the case of Re Panama, New Zealand and Australian Royal Mail Company was decided. In order to get some lesson from English experience, this article explores into cases and materials of English floating charge. The essence of the floating charge is that the creditor, the chargee takes security over the debtor's present and future property but allows the debtor, the chargor, liberty to manage the secured assets and dispose of them in the ordinary course of business free from the charge until its crystallisation. As the floating charge enables the debtor to deal with his circulating assets freely in the normal course of business, it is indispensible to especially trading companies the most valuable assets of which are not fixed ones but circulating ones, for example trading stock and receivables. Although English courts and academics agree about this basic point, they do not about lots of important issues. The significant examples of unsettled problems are as follows: (1)the nature of floating charge, that is whether the floating charge is a security interest or a mere equity, (2)automatic crystallisation and the protection of innocent third parties, (3)the nature of negative pledge, that is whether its existence changes floating charge into fixed charge, and so on. This article tries to answer these challenging questions.

목차

Ⅰ. 서론

Ⅱ. 부동저당권의 연혁 및 작용

Ⅲ. 부동저당권의 의의

Ⅳ. 부동저당권의 부착 및 완성

Ⅴ. 부동저당권의 고정화

Ⅵ. 부동저당권의 효력

Ⅶ. 부동저당권의 실행

Ⅷ. 결론

참고문헌

[ABSTRACT]