근저당권에 관한 비교법적 고찰

• 영문명: A Comparative Study on Floating Mortgage: On the comparison Security Act System in Japanese Civil Law with some Proposals to Improve the Security Act System in Korean Civil Law
• 발행기관: 한국민사법학회
• 저자명: 류창호(Ryu, Chang-Ho)
• 간행물 정보: 『민사법학』제37호, 187~229쪽, 전체 43쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.06.30

영문 초록

Regulations of Recent Civil Act have been enforced without drastic amendments since Civil Act was enacted 1960. But, meanwhile the recent Civil Act is not adequate to manage it for the continuance changes in the domestic and foreign business circumstance regarding the civil parts. For these reasons, the Ministry of Justice has revised the Civil Act from 1999 and proclaimed the draft bill of it including the amendments of the security system. On the other hand, Japan had got to reform the execution and security legal system from 2002 and promulgated the revision act at August 1st, 2003 so as to resolve the economic and social problems due to the bubble economic shambles. Security system stands in need of the revisions keeping pace with the rapid changes in the recent financial circumstance since security system is indispensable with the financial dealings. These revisions are need for the modern reform of the security system harmonizing with the financial dealings in a short period and also for the globalization of the security dealings as the nationalization of the financial dealings in a long period. This paper proposes the legal advise for the security right regulations in the Civil Act raft by evaluating and reviewing the contents and the process of the revision of Security Act of Japan completed ahead of Korea.

목차

Ⅰ. 서

Ⅱ. 일본민법 중 근저당권의 내용

Ⅲ. 근저당권에 관한 민법개정안과 일본민법의 비교

Ⅳ. 민법개정을 위한 비교법적 과제

키워드

Floating Mortgage Japanese Civil Law Crystallization Appendant Nature claim secured