신탁재산의 증권화에 관한 연구

• 영문명: A Study on the Securitization of Trust Asset -Focusing in Collateral Trust and Security Trust-
• 발행기관: 원광대학교 법학연구소
• 저자명: 김동근(Kim Dong Geun)
• 간행물 정보: 『원광법학』제30권 제1호, 37~64쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2014.03.30

영문 초록

Since the global financial crisis in 2008, the trust has been chosen as a stable project execution method for construction companies and financial institutes. When the financial consumers take out a loan with a real estate, they usually use mortgage. Security holders are not completely free from the effect of reorganization process caused by the debtor or the security provider's bankruptcy. So financial Institutions have been used a the trust system, in which a debtor-settlor or a third party security-provider transfers the entire 'ownership' of his property to the trustee for security purposes. Trust Law has been revised in about 50 years since the legislation in 2011. It has been effective from July. 26. 2012. The revised Trust Act are provisions which stipulate about obscure parts in the Real Estate Trust System, including the assignment of truster's status that wasn't allowed in the last Trust Act. Especially, The revised Trust Act has introduced a new concept of 'security trusts' Collateral trust has similar effect with the creation of mortgage, and it is more favorable in the debt collection and the disposal of a secured property. And security trust separates the secured party and secured creditor, and is able to create various legal relationships due to the convertible function of trust. If the collateral trust and the security trusts connect with the beneficiary certificate issuance trust, the financial institutes can raise the large-scale funds easily and promote the liquidity of the beneficial interest. This essay deals with the Securitization of the collateral trust and the security trusts, which means the trust created by creation of security.

목차

Ⅰ. 서론

Ⅱ. 담보신탁

Ⅲ. 담보권신탁

Ⅳ. 담보신탁과 담보권신탁의 증권화

Ⅴ. 맺음말

참고문헌

ABSTRACT

키워드

담보권신탁 담보신탁 담보권 채권자 채무자 담보의 부속권리(저당권) 수익권 수익증권 수탁자(수익자의 대리인) 도산격리 부동산등기 Collateral Trust Security trusts creditors debtor beneficial interest certificates of beneficial interest