일본의 저당증권제도를 계수하여야 하는가? (Is It Right To Adopt Japanese Hypothec Securities System)

서지정보

· 발행기관 : 한국민사법학회
· 수록지 정보 : 민사법학 / 43권 / 1호 / 119 ~ 165페이지
· 저자명 : 강태성

초록

Nowadays, improvement for liquidation of hypothec is discussed in Korea. This liquidation make hypothec function smoothly as intermediation-method of investment.
In relation to this liquidation of hypothec, I studied prudently and critically if it is right to adopt of the Japanese hypothec securities system in Korea. Firstly, I studied why hypothec securities system is necessary in Japan, and I studied the content of the Japanese hypothec securities system. Continually, I studied in detail that it is not necessary to adopt of the this Japanese system in Korea, on the grounds that Korean Civil Act Article 186 and 187 are different from Japanese Civil Act Article 177, on the grounds that we convert appointment debt into debt payable to order or debt payable to bearer using Civil Act Article 500 ff. However, in the case that our country adopt the this Japanese system, what kinds of reform in our laws and etc. are necessary for this adoption? I studied this case in detail(for example, reform of our Civil Act Article 191, adpotion of ranking-fix-principle in our hypothec, inextinction of front ranking hypothec notwithstanding auction on the ground of rear ranking hypothec). Successively, I studied many provisions in Japanese Hypothec Securities Act that our country can not be able to adopt or must adopt after amendment. as these provisions, here are Japanese Hypothec Securities Act Article 1 Clause 1, Article 3 Clause 3, Article 6 Clause 1 etc. Finally, in the case that our country adopt the this Japanese system, I studied the points of difference between hypothec securities and 「property liquidation securities in property liquidation act」.

영어초록

Nowadays, improvement for liquidation of hypothec is discussed in Korea. This liquidation make hypothec function smoothly as intermediation-method of investment.
In relation to this liquidation of hypothec, I studied prudently and critically if it is right to adopt of the Japanese hypothec securities system in Korea. Firstly, I studied why hypothec securities system is necessary in Japan, and I studied the content of the Japanese hypothec securities system. Continually, I studied in detail that it is not necessary to adopt of the this Japanese system in Korea, on the grounds that Korean Civil Act Article 186 and 187 are different from Japanese Civil Act Article 177, on the grounds that we convert appointment debt into debt payable to order or debt payable to bearer using Civil Act Article 500 ff. However, in the case that our country adopt the this Japanese system, what kinds of reform in our laws and etc. are necessary for this adoption? I studied this case in detail(for example, reform of our Civil Act Article 191, adpotion of ranking-fix-principle in our hypothec, inextinction of front ranking hypothec notwithstanding auction on the ground of rear ranking hypothec). Successively, I studied many provisions in Japanese Hypothec Securities Act that our country can not be able to adopt or must adopt after amendment. as these provisions, here are Japanese Hypothec Securities Act Article 1 Clause 1, Article 3 Clause 3, Article 6 Clause 1 etc. Finally, in the case that our country adopt the this Japanese system, I studied the points of difference between hypothec securities and 「property liquidation securities in property liquidation act」.

참고자료

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