청헌 김증한 교수의 양도담보론

• 영문명: The theory of security by means of transfer by cheongheon, professor
• 발행기관: 한국민사법학회
• 저자명: 김인유(Kim, Inyu)
• 간행물 정보: 『민사법학』제69호, 39~68쪽, 전체 30쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2014.12.31

영문 초록

This investigation examines the role of security by means of transfer while changing after reading the theory by cheongheon. It examines how legal characters of the security by means of transfer are changed by legislating provisional registration security act, and how a notification method is changed by legislating security rights on movable property. Also, it examines a relation between these special laws and the security by means of transfer, and a role of them. Above all, when it comes to the legal characters of the security by means of transfer, it can be said that it has its position as a customary law by a precedent. Considering these characters of it, it is undesirable to cause the precedent theory to confuse by legislating the provisional registration security act. Therefore, the provisional registration security act has to be applied restrictedly only in case of corresponding with the purpose of legislation. And, following the existing precedent theory is essential because of its character and intention of the parties in case of not being applied this law. On the one hand, legislation of the movable property security act has its purpose to improve pledge and notification method about the security by means of transfer as a movable property. But it coexists with the security by means of transfer because it is not an institution that substitutes the pledge or the security by means of transfer. However, there are some limitations in the movable property security act. First, a person who doesn t do juristic person registration or company name registration cannot use the system of the movable property security registration. Second, a person who has a status of security right is limited only in a financial bank. Third, a type of the movable property applied for this act is very limited in actual. Fourth, there is a limitation in a scope of people who can peruse the registry for protecting the personal information. Considering these limitations in the movable property security act, therefore, the role of the security by means of transfer is still important.

목차

Ⅰ. 서론

Ⅱ. 양도담보에 대한 청헌 김증한 교수의 견해

Ⅲ. 청헌 김증한 교수의 양도담보론 이후 양도담보법의 변화

Ⅳ. 가등기담보법․동산담보법 제정후의 양도담보의 역할

Ⅴ. 결론

<참고문헌>

키워드

양도담보 가등기담보법 동산담보법 동산담보권 상호등기 등기부 공시방법 점유개정 선의취득 security by means of transfer provisional registration security act movable property security act security rights on Movable Property company name registration registry notification method agreement on possession bona fide Acquisition