일본의 개정담보법상 부동산수익에 대한 저당권의 효력

• 영문명: The Effect of Mortgage from the Realestate-Fruit on Reforming Security Law in Japan
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김인유(In-Yu Kim)
• 간행물 정보: 『비교사법』비교사법 제12권 1호, 233~260쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.03.01

영문 초록

This Paper is the effect of Mortgage from the Realestate-Fruit on Reforming Security Law in Japan. The Real Subrogation of Mortgage is that Mortgagee may exercise his Real Subrogation Right to the money or things which Mortgager is entitled to receive by reason of loss, damage or public levy of the thing mortgaged. The Real Subrogation is stipulated in Article 342 of the Civil Code and applied mutatis mutandis to Article 370. The scope of the object of the Real Subrogation includes the insurance money of the object for security, the money for compensation for damages incidental to the tort committed by a third person, the money for compensation for public levy. but sale and rent are deleted in Article 342 of the Civil Code, So in this point our Civil Code differ from Japanese Civil Code. The scope of the object of the Real Subrogation includes the rent as the Realestate-Fruit in Japanese Civil Code. that is the Real Subrogation is stipulated in Article 304 of the Civil Code and applied mutatis mutandis to Article 372. Also after a leading case of the Court of the highest Justice in 1989, the Real Subrogation on the rent have widely practiced. As a result many problems had arisen. Therefore recently assertion that claims necessity of an amendment to the Japanese Civil Code, has arisen in complicated and diversified Japanese society. The main goals of recent revision of the Japanese Civil Code remedies of individual rights due to an efficient execution of realestate. As the new method of execution of realestate, the system of the similar Compulsory Management was established newly. In case this system should adopted, Many problem has arisen. for example, relation to Compulsory Management on existing Civil Execution Law, to appointment of manager, especially relation to right of manager, etc. A numbers of professor and lawyer had several dispute concerning these problems in Japan. I examinate on this new system in Japanese Civil Code in this Paper and I introduce on these dispute and conclusion of dispute, because I furnish information on disputes. Finally, I prudently suggest that the system of the similar Compulsory Management, as the new method of execution of realestate, should adopt at our Security Law.

목차

Ⅰ. 서론

Ⅱ. 부동산수익에 대한 물상대위성

Ⅲ. 부동산수익에 대한 강제관리유사의 제도

Ⅳ. 부동산수익에 대한 양자의 관계

Ⅴ. 결론

참고문헌

Abstract