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동산담보제도에 관한 비교법적 연구 원문보기

  • 저자

    배소연

  • 학위수여기관

    한국외국어대학교 대학원

  • 학위구분

    국내석사

  • 학과

    법학과

  • 지도교수

    가정준

  • 발행년도

    2014

  • 총페이지

    128 p

  • 키워드

    동산담보 미국 통일상법전 공통참조기준초안 UNCITRAL 입법지침;

  • 언어

    kor

  • 원문 URL

    http://www.riss.kr/link?id=T13538775&outLink=K  

  • 초록

    A comparative legal study on the movables security system Most of Korean corporations have raised funds from real estate mortgage and movable property has been hardly used as collateral. The lack of using security over movable property was contributed to the non-existence of a registration system for the security on movable asset. However, the discussion on the modernization of the law governing security over movable property started and there was a strong demand from small and medium sized corporations or self-employed persons, who usually don't possess real estate, for an efficient means of financing through collateralization of their movable assets. As a result, the Act on Security over Movable Property and Receivables, etc. (the “Act”) was enacted in 2010 and became effective in June 2012. The Act is revolutionary in Korea and includes the main features of a modern secured transactions law, such as the introduction of a general registration system for security interests in movable property, the establishment of priority rules among competing security interests and the permission of collateralization of future assets. However legislator took a position that even through the Act originated from Uniform Commercial Code of the USA, they can't accept them all but some articles that are consistent with general principles of the Civil Code of Korea. Because of this stance, the current Act is not perfect and limitative. Accordingly, the reform of the secured transactions law is required in order to achieve a more efficient security system of Korea. In order to figure out what needs to be done for improvements of current law, I studied specific articles of Security Law of UCC, UNCITRAL Legislative Guide and DCFR. After comparing the articles of UCC, UNCITRAL Legislative Guide and DCFR and the act of Korea, I found that a range of application should be extended and imperfect articles have to be complemented. This research is meaningful considering that it can alleviate the polarization of big corporations and small and medium sized corporations. Contrary to huge companies possessing a lot of real estate, small and medium sized corporations or self-employed persons don't have much of real property. In this regard, security over movable property and receivables can be helpful for small and medium sized corporations. This is especially true given that the number of small and medium sized companies is gradually increasing as high technology industries and service industries are getting developed


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