채권질권의 강제집행에 대한 연구

Abstract

There are two ways to enforce a pledge of rights; enforcement of direct claim under Civil Act; and liquidation of rights under Civil Execution Act. However, collection order or assignment order under Civil Execution Act is flawed. In case of collection order, there is no guarantee of preferential payment right of a pledgee. In case of assignment order, it deprives the opportunity of compulsory execution of the third debtor’s property that a pledgee didn’t set a pledge under Civil Code Article 340. Therefore, this study suggests the third way of enforcement on pledge of rights by amending Civil Execution Act. This study introduces a new way, collection right execution order. This order, which differs from collection or assignment order, includes the right to claim directly as the fuction of Civil Execution Act in substantial law, and thus allows the creditors to exercise their right by preferential payment rights. To do so, current Civil Execution Act Article 229 (Liquidation of monetary claim) (1) “an execution creditor can apply for a collection order or an assignment order on the collected monetary claim” should be amended to “an execution creditor can request a collection order or an assignment order on the collected monetary claim, and can apply for a collection right execution order on the pledged monetary claim.”