채권담보거래의 이론적 변화와 전망

• 영문명: An Analysis of the Reformation of Secured Transactions Law in Korea- A Shift in Theory and Prospects for Secured Transactions -
• 발행기관: 한국민사법학회
• 저자명: 정소민(Somin Chung)
• 간행물 정보: 『민사법학』제56호, 123~162쪽, 전체 40쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2011.12.31

영문 초록

The Act on Security over Movable Property, Receivables, etc. (the “Act”) was enacted in 2010 to reform secured transactions in Korea. The Act will introduce a registration system for security interests in movables which is apparently similar to the filing system under UCC Article 9. The Act was inspired by the success of the filing system under UCC Article 9 as well as model secured transactions laws such as UNCITRAL Legislative Guide on Secured Transactions and EBRD Model Law on Secured Transactions Law. A closer examination of the Act, however, reveals certain limitations on reformation of the secured transactions: The Act adopted a traditional registration system rather than a notice filing system and the first in time, first in right principle in terms of priorities among secured creditors. This is because the drafters of the Act intended to affect the general rules provided by the Civil Code as little as possible. In this regard, the Act fails to enhance efficiency of secured transactions to the maximum extent. Nevertheless, the reformation of secured transactions made by the Act is expected to bring positive changes in secured transactions in Korea: first, it will facilitate small and medium-sized companies secured transactions using movables and receivables as securities. second, securitization transactions of future receivables will increase in number since the Act clearly allows use of future receivables as security. third, it will bring a change in appraisal practice. Current appraisal practice attaches great importance to the liquidation value of the secured asset, but cash flow produced by the debtor will become critical as future receivables-based lending becomes more common. Enactment of the Act is the meaningful first step in reformation of the secured transactions in Korea. Some of the issues mentioned above are still unresolved, but the true reform of law takes place gradually, with changes in practice preceding or following the former. Therefore, reform of the secured transactions must be continued to establish an efficient security system which is in harmony with general principles of the Civil Code and balances between secured and unsecured creditors.

목차

Ⅰ. 서론

Ⅱ. 동산·채권담보법의 제정 배경

Ⅲ. 동산·채권담보법상의 채권담보제도

Ⅳ. 채권담보거래의 이론적 변화와 전망

Ⅴ. 결론

참고문헌

키워드

동산·채권 등의 담보에 관한 법률 채권담보권 담보등기 장래채권 자산유동화거래 채권공시제도 The Act on Security over Movable Property Receivables ect. security over personal property security over receivables future receivables asset-backed securitization a security registration system