물적 담보제도의 현재와 미래

• 영문명: The Present and Future of the Real Security System in Korea
• 발행기관: 한국민사법학회
• 저자명: 박경량(Park, Kyong Lyang)
• 간행물 정보: 『민사법학』제36호, 281~321쪽, 전체 41쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.05.31

영문 초록

A security system is a kind of tool to create credit. With the growth of economy, the demand for security in the transactions increases. Korean Civil Law regulates the right of pledge and a mortgage as a important real security system. But among them the right of pledge for movables is underutilized. The current law requires a more rigorous accounting of value of the security object. However, such a regulation ist inefficient. Therefore, especially we should be careful of improving the enforcement procedure of security rights. Traditionally, the essence of rights of security against property (RSP) is said to dominate the whole or part of the exchange value derived from th security object. On the contrary, rights for use and profit are said to dominate all or part of its use value, and to be the so-called substance rights or use rights. It is in fact for us to separate these two values, because the exchange value derived from the security object is influenced by its use value making the exchange value relative. To fully grasp the security right system, we should well understand civil, procedural and insolvency law. Irregularity in non-model security is the most important feature of it. The history of security law shows this well. We can not evade the so-called alternative phenomenon of law. This is the fate of many social norms including legal norms. Therefore, the important thing is to concentrate on reducing the demerits of non-model security. The mainstream and pattern of the society has evolved from an industrialized society into a knowledge-based society, and from analog sources of information to digital one making now the time to examine using electronic registration for the transfer security for movables which transfers the ownership of movables for the security of debt to the creditor.

목차

Ⅰ. 서론

Ⅱ. 물적 담보제도의 특징과 기능

Ⅲ. 부동산 담보제도

Ⅳ. 동산 담보제도

Ⅴ. 물적 담보제도의 운용과 개선방향

키워드

담보제도 신용 담보수요 질권 동산질권 특수담보제도 담보권실행 민사집행법 교환가치 사용가치 비전형담보 변칙성 비전형담보의 폐단 동산양도 담보 전자등록 security system credit demand for security right of pledge right of pledge for movalbles special security system execution procedure of the security right civil execution law exchange value use value non-model security Irregularity fate of social norms demerits of non-model security electronic registration