動產擔保權의 登錄閱覽

• 영문명: Registration and Searching of Security Interest in Personal Property
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 郭仁熙(Kwak In-Hee) 高焌碩(Ko Jun-Seok)
• 간행물 정보: 『비교사법』비교사법 제11권 4호(상), 207~228쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2004.12.01

영문 초록

  A new secured transactions law governing unitary security interests in Korea should be considered in pursuit of containing comprehensive personal property as well as movable property in company with movables registry system.
  in order to establish effective public notice on security interests, movables registry system has been introduced several years ago. While some security interests such as ships, aircraft and vehicles have used title-based registry system for the perfection of security interests and change of title, the traditional public notice of security interests of general chattels stands in the way to extend credits through using general chattels since the notion of traditional notice to perfect the title of chattel depends on the actual delivery of chattel.
  In view of the fact that public notice in secured transactions in the world has been inclined to adopt movables registry system, it would be regarded as a global standard of a new secured transactions regime in the world.
  A new movables registry system should be set up on the basis of financing statement rather than filing a whole document. Grantor-based system should also be based on personal-based indexing system of searching and filing the names of the debtor rather than the types of individual collateral while high valued collateral with identification number could be filed with description of collateral additionally. Title-based registry already filed in ships, vehicles and factory equipment, and aircraft should be turn into electronic system in connection with a new movables registry system.
  On consideration of our fast digital development, the movables registry system should be settled for the use of electronic financing statement and for the sake of security creditors filing and indexing security interests through online. It is no used of saying that security creditors can access security interests filed in movables registry system Without any obstacle.

목차

Ⅰ. 序論
Ⅱ. 擔保權公示書의 登錄閱覽型式
Ⅲ. 擔保權公示書의 登錄閱覽基準
Ⅳ. 結論
참고문헌
【ABSTRACT】

키워드

동산등록 동산담보권등록 동산담보권등록소 등록 열람 등록열람 담보권공지서 금융명세서 전자등록 완전전자등록 movables registry registration of Security Interest in personal property Secured transactions registy Personal Property Securities Registry electronic filing financial statements