流擔保契約

• 영문명: Security-Elimination Contract
• 발행기관: 한국민사법학회
• 저자명: 姜台星(Kang, Tae-Seong)
• 간행물 정보: 『민사법학』제29호, 287~321쪽, 전체 35쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2005.09.30

영문 초록

The security-elimination contract is what can eliminates the security being existed. Namely, It means what can eliminates the performance- method of this security. But, in korea this term of security-elimination contract is scarcely in use. The term of pledge-elimination contract and mortgage-elimination contract are only in use. In this study, I admit the term of the security-elimination contract, discourse upon this contract in detail. And, I debate many issue-points on several security-elimination contract. In the following sentences, the security-elimination contract shall be called s-e-contract. Ⅰ. The Compass of S-E-Contract I give a example which belong to this contract, does not belong to this contract. Ⅱ. The Relation between S-E-Contract and Security Creation Contract 1. S-e-contract is not the accessory of the contract that creates a security real right. S-e-contract is independent. 2. In case s-e-contract is invalid, is the security-creation-contract also invalid? my point of view is negative. Ⅲ. Performance Based on S-E-Contract 1. Is this performance the performance of security real right? Common views and judical precedents are negative, but my point of view is negative. 2. The security real right is not lapsed by the performance based on s-e-contract. Ⅳ. Form and lapse of the Security-Elimination Right The security-elimination right is formed by the s-e-contract and this contract is formed by mutual agreement. The security-elimination right does not lapse by lapse of the security right. Ⅴ. Several S-E Contracts I debate issue-points on several security-elimination contract. Namely, pledge-elimination contract, mortgage-elimination contract, contract that can eliminates provisional-registration-security, contract that can eliminates transfer for security, chonsegwon-elimination contract.

목차

Ⅰ. 머리말

Ⅱ. 유담보계약의 개념

Ⅲ. 유담보계약과 담보물권설정계약과의 관계

Ⅳ. 유담보권에 기한 실행(유담보권에 기한 변제)

Ⅴ. 流擔保權의 성립과 소멸

Ⅵ. 각종의 유담보계약

Ⅶ. 맺음말

키워드

유담보계약 유담보권 담보물권 정지조건부 대물변제 대물변제의 예약 유질계약 유저당계약 유가등기담보계약 유양도담보계약 유전세계약 Security-Elimination Contract Security-Elimination Right Real Right on the Security Accord and Satisfaction Subject to Condition Precedent Precontract on the Accord and Satisfaction Pledge-Elimination Contract Mortgage-Elimination Contract Contract That Can Eliminates Provisional-Registration-Security Contract That Can Eliminates Transfer for Security Chonsegwon-Elimination Contract.