저당권의 물상대위의 한계

• 영문명: The Limit of Preferential Settlement Right of a Mortgage
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 최현숙(Hyun-sook, Choi) 최명구(Myoung-gu, Choi)
• 간행물 정보: 『비교사법』比較私法 제16권 제1호, 75~101쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.03.30

영문 초록

Subrogation is system for protecting a security right. Subrogatio of mortgage is that mortgage may exercise his subrogation right to the money or things which mortgage is entitled to receive by reason of loss, damage or public levy of the thing mortgaged. But if a debtor, an owner of the mortgage object damage that by oneself, he does not have the reduced object that is something like a damages. Then a mortgagee forfeits preferential settlement right. the purpose of mortgage is the system to guarantee preferential settlement right of a mortgagee. Then it gets subrogation. But the object of subrogation must be the reduced object that is a connection damage and the reduced object, here it may by asked whether a new-built house get to be the reduced object. If a new-built house presume the reduced object, connect the dot that is to come up to a purpose. However, if the object do not get to be the object of execution, a mortgagee does not acquire preferential settlement right. Accordingly, if no permit built house get to be a object of execution, a mortgagee will be guaranteed preferential settlement right.

목차

Ⅰ. 서론

Ⅱ. 저당권의 개설

Ⅲ. 물상대위의 개설

Ⅳ. 물상대위의 한계

Ⅴ. 무허가 건축물

Ⅵ. 해결방안

참고문헌

Abstract

키워드

저당권 저당권의 한계 물상대위 물상대위의 한계 우선변제권 Security Right The Limitation of Security Right Subrogation The Limitation of Subrogation Preferential Settlement Right