영업담보제도의 생성과정에 관한 비교법적 검토

• 영문명: A Comparative Legal Study on Generative Process of Floating Charges System
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 하헌주(Heon-Joo Ha)
• 간행물 정보: 『비교사법』比較私法 제13권 제2호, 313~358쪽, 전체 46쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.06.01

영문 초록

  Britain is a debtor may grant a floating charge over all the assets or inventories without identifying the objects. If a debtor company is obliged to obtain the consent of a secured creditor for the use and disposition of the collateral, it would hinder the company in securing funds and doing business. Floating charges were first recognised by the Court of Appeal in Chancery in Re Panama, New Zealand and Australian Royal Mail Co in 1870. Their juridical nature, however, was not finally worked out until the 1900’s and even today there are some crutial ambiguities. There was at first some doubt as to whether they were securities in the stricter sense before they crystallised, but it is now settled that a floating charge is a present equitable charge which is not specific but shifting until crystallisation, when it settles and becomes a fixed equitable charge.
  In the contrary, in the France and Japan recognized a floating charge on some or all of company’s present and future property which leaves the company free to deal with the property subject to the charge in the ordinary course of business.
  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.

목차

Ⅰ. 서설
Ⅱ. 영국 부동담보의 생성과정
Ⅲ. 프랑스 영업질의 생성과정
Ⅳ. 일본 기업담보의 생성과정
Ⅴ. 각국 제도의 비교검토
Ⅵ. 영업담보제도의 도입을 위한 과제
Ⅶ. 결어
[참고문헌]
【ABSTRACT】

키워드

영업담보 부동담보 영업질 기업담보 자금조달 담보법제 통상의 영업수행과정 회사의 현재와 장래의 영업재산 회사담보 계속기업 company charges floating charges going concern undertaking on some or all of the company’s present and future property general mortgage in the ordinary course of business