『동산ㆍ채권 등의 담보에 관한 법률』에 관한 소고

• 영문명: A Study on the『Movable ․ Receivables Secured Law』 - Focused on Movable Transactions Secured Law -
• 발행기관: 원광대학교 법학연구소
• 저자명: 김인유(Kim, In-Yu)
• 간행물 정보: 『원광법학』제27권 제4호, 9~37쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.12.30

영문 초록

It is clear that establishment of the movable secured transactions law made a progress by resolving problems related to double transfer or Bona Fide Acquisition, which resided in movable security by means of transfer. Though, due to the characteristics of liquidity of movables, it is still unknown what impact the above law would bring. Hence, this study pointed out several problems and suggested solutions for them in order to enhance effectiveness of the movable secured transactions law. First of all, Article 32 of the movable secured transactions law stipulates Bona Fide Acquisition of a secured object (security or collateral), and this wcquestablished to protect transaction safety against changes in real rights over movables. However, since such a case in which the matter of Bona Fide Acquisition arises in respect of the above law can't be supposed, I think that this Article is an error in the process of legislation of the law. Thus, I think that this Article should be omitted. Then, transaction safety could be a problem, and,uespecially, it should be assured that an assignee of inventory can buy such movables that are free from security rights. As a solution for this, phe pr legislation, not interphetation, should be suggested to enhance effectiveness of the above law, and this study suggests that it be stipulated for transaction safety that no one can oppose to an assignee who has acquired a secured object by making payment of proper amount through process of normal business operation in case of setting up inventory as collateral. Also, in relation to surrogation, I absolutely agree to expansion of objects of surrogation for the purpose of enhancement of validity of security right holders. But, in case of inventory, movables as security object have the characteristics of inflow-outflow, and it can be needed to determine movables as security object when there arise certain reasons. Lastly, in relation to expansion of personal application range of the movable secured transactions law, UCC (the United States Uniform Commercial Code), the model law of the above-mentioned law, doesn't limit the range only to corporations. Also, I don't think that it's right to limit personal application range when considering the fact that the above law was legislated for individuals who need to set movables as security object to facilitate their, common people's, finance, and the current situation of company name registration. In conclusion, this study suggests some legislative supplements such as establishment of measures to secure transaction safety, determination on the object as a solution for creditors to collect debts and permission for individuals to use this system in order to enhance effectiveness of the above law.

목차

Ⅰ. 서 론

Ⅱ. 선의취득의 문제

Ⅲ. 거래의 안전을 위한 입법조치

Ⅳ. 동산담보권의 효력강화

Ⅴ. 인적 적용범위의 확대

Ⅵ. 결 론

참고문헌

Abstract

키워드

담보법 담보등기 동산담보법 UCC 선의취득 집합동산 양도담보 거래의 안전 담보권 상호등기 secured transactions law secured registration movable secured transactions law Uniform Commercial Code Bona Fide Acquisition aw securedsecurity by means of transfer transaction safety security rights company name registration