한국의 양도담보에 대한 논의가 중국의 양도담보 입법화에 주는 시사점

• 영문명: The discussion on Korea s transfer for security implications for the legislation of China s transfer for security
• 발행기관: 충북대학교 법학연구소
• 저자명: 장석천(Jang Seok cheon)
• 간행물 정보: 『법학연구』第27卷 第2號, 241~267쪽, 전체 27쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.12.30

영문 초록

Financial capitalism, indispensable in economic development as procurement method of capital can do. The individuals and companies be individuals or by means of financial institutions, to supply of the funds. Borrow money from someone who for the recovery of the bond collateral needs and how these rules through legislation of the security, a typical case. But can its own peculiar to each country can exist in customarily is. Generalized these institutions, security outside the institutional system came to look at here is one of the transferred for security. China will achieve rapid economic growth through the reformation and openness. This is politics, much of the Middle and economic and social, affect the real right granted by way of security sector is no exception. Security law and the Law of Reality was established and defined institutions, some security system was arranged. And yet, unresolved problems in the business transferred for security is one of them can do. South Korea and China has historically watch a lot of influence with each other in culture and the sentiment of the common parts, and the legal system interactions in can be seen. In this paper, due to differences in the legal system based on these things transfer for security in both countries of the problems that occur on legislative efforts to resolve a look at. This expected to be a catalyst to expand an understanding of the security system of each other. First of all mortgaged for and about the history of legal nature of the two countries and establishment requirements and about how the nation s security and case law and the Law of Reality of China debated by the legislation was centering around comparing some implications going to come.

목차

Ⅰ. 머리말

Ⅱ. 양도담보의 역사적 개괄

Ⅲ. 양도담보의 법리구성

Ⅳ. 양도담보의 설정과 실행

Ⅴ. 마무리

참고문헌

Abstract

키워드

담보 담보제도 양도담보 담보물권 한국과 중국의 양도담보 Security Security system Transfer for Security Real rights granted by way of Security Transfer for Security in Korea and China