財團抵當制度의 改善方案

• 영문명: Remedies of the Mortgages for Foundations: With a Focus on factory mortgages system
• 발행기관: 한국민사법학회
• 저자명: 金仁猷(Kim, In-Yu)
• 간행물 정보: 『민사법학』제33호, 161~192쪽, 전체 32쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2006.09.30

영문 초록

The mortgage in civil law secured specific debt, so the mortgage method must set a mortgages individually. Consequently the land for a corporate management, the building, machine and the industry right, mortgage as one is not a possibility. here special acts are created in order to supplement any inadequate aspects of the security system in civil law. Special security, that is, mortgages for foundations regulated by special acts are divided into factory and mining mortgages. But the provision of most of factory mortgages is adapted in mining mortgages. so in this article, wish to discusses mainly centering around the factory mortgages. The foundations mortgages system grasps material equipment and right of property with one and hereupon to set a mortgage. consequently foundations mortgages system is more effective than mortgages on civil law in which compared to financial bias of the enterprise. in spite of the present working conditions of foundations mortgages system very is inactive. Therefore in this article, present working conditions and problems of mortgages for foundations are examined, and remedies are presented. To activate mortgages for foundations, must be improved from the some branch side. the first, it is an expansion problem of factory concept. the second, the scope of the property which composes factory foundations is narrow. the third, foundations listing complicates and the expense holds plentifully. the fourth, introduce the compulsory administration system, as a mortgages execution. To solves like this problems, I propose introducing “an enterprise equipment mortgages system” and “an enterprise foundations equipment system”. The foundation mortgages system is not suitable for today s Inclusion security. I think that there is a necessity which will introduce the concept of the floating charge which provides property inclusively to a mortgage. I think that there is a necessity which will introduce the concept of the floating charge which provides property inclusively to a mortgage.

목차

Ⅰ. 序論

Ⅱ. 財團抵當制度의 內容 및 效力

Ⅲ. 財團抵當制度의 運營現況 및 그 問題點

Ⅳ. 改善方案

Ⅴ. 結論

키워드

재단저당제도 협의의 공장저당 공장재단저당 광업재단저당 공용물 개선방안 강제관리제도 사업설비저당 사업설비재단 Mortgages for Foundations Factory Mortgages System Mortgages for Foundations of Factory Mortgages for Foundations of Mining Mortgages Remedies Compulsory Administration System Enterprise Equipment Mortgages Enterprise Foundations Equipment