동산담보등기제도의 도입방안 -일본의 동산양도등기제도와 비교하여-

Abstract

In order to get a finance, the typical method which provides movable property with security in Korea is to establish the right of pledge or to use transfer security. Specially, to evade the transfer of the possession and to avoid the loss of the use profit which is caused by transfer of possession, movable property owner substitutes the right of pledge and there is a tendency which uses transfer security. According to like this tendency, this operates with a serious restriction to Debtor or security provider, made application of movable property inactive consequently. But, to the case which use transfer security, there is a problem that change of right does not become known by the public announcement and therefore vice-existence of notification system will can cause a problem like holder in due course and double transfer. Therefore, to improve the problem of public notification method of current movable property security system and to magnificate of the fund raising method, introduction Registration system of movable property security like Japan's system is demanded. But, in case of introducing the legislation of the foreign nation, we must consider the difference of legal outstanding consciousness of legal actuality and legal culture and the citizen of the country. Consequently, we must investigate the movable property registration system of Japan in detail, and the prudent investigation is necessary. Also it is important to consider our economy and legal actuality concretely and practically.