讓渡擔保·假登記擔保의 새로운 법적 구성

Abstract

Ⅰ. There are many problems in the existing theories that are concerned with legal constructions of provisional-registration-security and transfer for security. So, in this theses, new legal constructions of them are being stated. Ⅱ. transfer for security is property-transfer with condition that is stipulated in Article 4 Clause 2 of Provisional Registration Security Act. Before the fulfillment of this, expectancy right exists. this right retains nature of security-real-right. Ⅲ. In provisional-registration-security, there are 2 legal results that occur from 2 legal requisites. Therefore, the person who provisionally registrated for security has 2 rights (namely, claim for property-transfer and mortgage).