UNCITRAL의 담보부거래에 관한 연구

• 영문명: A Study on Secured Transactions of the UNCITRAL With a Focus on Draft Legislative Guide
• 발행기관: 한국민사법학회
• 저자명: 김인유(In-Yu Kim)
• 간행물 정보: 『민사법학』제35호, 261~298쪽, 전체 38쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2007.03.31

영문 초록

In order to grasp the international trend regarding a secured transactions laws this study it tried to observe the features by introducing the contents of the UNCITRAL Draft Legislative Guide on Secured Transactions. The Commission was widely felt that modern secured credit laws could have a significant impact on the availability and the cost of credit and thus on international trade. therefore at its thirty-fourth session in 2001, the Commission considered a further report by the Secretariat. The purpose of this Guide is to assist States in the development of modern secured transactions laws, with the goal of promoting the availability of low-cost secured credit for commercial enterprises doing business in such States. The Guide is intended to be useful to States that do not currently have efficient and effective secured transactions laws, as well as to States that already have workable laws but wish to review or modernize them, or to harmonize or co-ordinate their laws with those of other States. A key to a successful legal regime governing secured transactions is to enable grantors to utilize the value inherent in their property to the maximum extent possible to obtain credit. In order to achieve this objective, the Guide emphasizes the importance of comprehensiveness, by permitting a broad range of assets to serve as encumbered assets (such as receivables, inventory, equipment, intellectual property and other intangibles, and investment property) Still the discussion is in the process of advancing but the focus contents is introduction of comprehensive security system. The discussion of this UNCITRAL will provide many current events in improvement of our security laws system. If it adopts like this comprehensive security system, it will be sufficient the demand of practical affairs in domestic, and it will be suitable for the international unity in international transaction laws which is turning out.

목차

Ⅰ. 서론

Ⅱ. 입법지침 초안의 내용

Ⅲ. 입법지침초안의 특징

Ⅳ. 우리 담보법제에 대한 시사점

Ⅴ. 결론

키워드

유엔 국제거래법위원회 담보부거래 입법지침초안 담보권 점유담보 비점유담보 재고품 담보권의 설정 공시 등록제도 우선순위 파산 저촉법 UNCITRAL Secured Transactions Draft Legislative Guide Security Right Possessory Security Non-Possessory Security Inventory Creation of security rights Publicity Filing system Priority Insolvency Conflict law.