人的財産擔保權의 本質과 重要性

• 발행기관: 한국민사법학회
• 저자명: 고준석 김종규
• 간행물 정보: 『민사법학』제32호, 309~343쪽, 전체 35쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2006.06.30

영문 초록

The law of Korea secured transactions is derived from a variety of sources, both statutory and non-statutory. Korean law is pragmatic rather than functional, as transactions that serve the same economic ends are often visited with different legal consequences. There is no statutory definition of security interests in Korea so one must fall back on judicial interpretations that, necessarily, are conditioned and qualified by the circumstances of a particular case. In contrast with this, the world tendency is on the basis of the functional approach as applies similar rules to all transactions that in economic terms are intended to serve as security and defines the single unitary security interest. It’s a matter of course that the functional approach is better than the pragmatic one. Therefore, Korea Civil Law has to win back the mission as a general law by defining the single security interest unified the various securities which are ruled according to many statutes and practices. Secured party wants to take security interests because the taking of security maximizes the creditor’s prospects of recovery in the event of the debtor’s insolvency, security serves a raft of other functions as well as maximizing the prospect of recovery, and security over specific assets may enable the lender to sell off or take possession of the assets without having to seek judicial or other official intervention. Debtors give security interests to secured party in response to secured party’s request of them. Debtor’s giving security interests to secured party is not entirely uninfringeable on the interests over the responsible property of unsecured creditor. The availability of security is said to encourage lenders to make loans that would not otherwise be available and, in this way, economic activity is stimulated. Security is also said to lower the cost of credit, and again this serves as a stimulus for economic activity. The availability of security expands funds to the low-income bracket and the small & medium enterprises, and plays a important role in improving a more equitable distribution of the benefits of economic growth as well as growing national economy. To conclude, Korea has to set about law reform to promote a effective and efficient secured transactions.

목차

Ⅰ. 序論

Ⅱ. 人的財産擔保權의 槪念

Ⅲ. 人的財産擔保權 取得의 目的

Ⅳ. 人的財産擔保權 許容의 論據

Ⅴ. 國際的 與論 내지 傾向

Ⅵ. 결론

키워드

인적재산 인적재산담보권 인적재산담보법 동산담보권 동산담보법 Personal Property Personal Property Securities Act Security Interests Security Rights Secured Transactions