動産讓渡公示制度의 改善方案 - 日本의 새로운 動産公示法을 參照하여

• 영문명: Improvement Method for Disclosure System of Assignment of Movable Properties ―Referring to new Movable Properties Disclosure―
• 발행기관: 한국재산법학회
• 저자명: 裵成鎬(Bae Sung-Ho)
• 간행물 정보: 『재산법연구』재산법연구 제23권 제1호, 45~79쪽, 전체 35쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

  The right of pledge is the only collateral right over movable properties specified in our civil code. Since the right of pledge adopts principle of possession of properties, direct possession by debtor or pledgor is not admitted. To avoid this inconvenience, collateral assignment and possession right reservation have played an important role in our country. In collateral assignment for movable properties, since delivery of right of pledge while possessing properties is used, the debtor can use the pledged properties continuously, but this disclosure method is very incomplete because the third party cannot know from outside. Namely, in case of collateral assignment, the third party might set pledge on properties without knowing the whole or parts of collective properties were already provided by collateral assignment. Therefore, duplicate collateral assignment may happen, and the range of effect by collective collateral assignment may be problematic during the course of liquidation. To use collateral assignment properly, it is needed to adopt more clear disclosure method. Japan recently enacted new Movable Properties Disclosure Act adopting registration system as well as delivery as a disclosure method of movable properties assignment. This will be a good reference to us.

목차

Ⅰ. 序論
Ⅱ. 日本의 새로운 動産讓渡登記制度
Ⅲ. 우리나라에서의 動産讓渡公示制度의 改善
Ⅳ. 結論에 갈음하여
참고문헌
〈Abstract〉

키워드

동산양도 동산양도공시제도 동산양도담보 점유질 점유개정 집합동산양도담보 Assignment of movable properties Disclosure system of assignment of movable properties collateral assignment for movable properties possession of pledged properties delivery of right of pledge while possessing properties Collective collateral assignment for movable properties