유동집합채권양도담보의 대항요건에 관한 입법론 - 일본에서의 논의를 중심으로

• 영문명: A Legislative theory about the Claiming Requisite of the Floating Lien of a Collective Receivable - Focused on the Japanese theory -
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 신봉근(Bong-Geun Sin)
• 간행물 정보: 『비교사법』比較私法 제13권 제3호, 219~250쪽, 전체 32쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.09.01

영문 초록

  A originator should send a notice to the third debtors or receive a consent from them so that he insists a cession of an obligation, in occasion of the floating lien of a collective receivable. It is based in the Civil Law §450. But it is impossible to fulfill this requisites. These reasons are what follow. The first, it is problem about labours and costs, that is to say, the obligation are small sum and large number. The second, the third debtors" action is needed to fulfill these requisites, but they are unspecific and numerous. The third, this claiming requisite is apt to be denied because of the law about debtor-resurrection & bankruptcy §103 ①.
  In this reason, the effectiveness of the floating lien of a collective receivable is very little. Consequently, we need to legislate on this point about the claiming requisite. The direction about it is to relax the claiming requisite. There are two methods on it. One is to reform the Civil Law §450, the other is to make a special law. This method is divided into two form. One is a special law applied individually, the other is a special law applied inclusively. The best method of them is to make a special law applied inclusively.
  This paper presents a direction about relaxing the claiming requisite and a tentative plan of it. I hope that this paper help you understand it.

목차

Ⅰ. 서론
Ⅱ. 유동집합채권양도담보의 대항요건
Ⅲ. 특별법론
Ⅳ. 결론
[참고문헌]
【ABSTRACT】

키워드

집합채권 부동담보 채권의 유동화 채권양도의 대항요건 Collective Receivable Floating Lien Asset Backed Securities Cession of an Obligation