기업의 유동집합자산 양도담보의 특정과 공시방법

Abstract

【Abstract】 Notification and specification of transfer security of floating collective property of enterprise Jang, Seok Cheon Theoretically, the object of a transfer security is not restricted. But, in fact, the transfer security of immovable property has been used mainly. The reason is that real estate has higher property value than movables in the korean society. This is due to difference of a warranty value between movables and immovables. However, in the contemporary capitalistic society, as the object of a transfer security is used floating collective movable property mainly. For example, if it was not that pledge could be used as the collateral, in this case, the best way for a security is to offer a floating collective movable property as the transfer security. By reason of this, transfer security of floating collective movable property used very useful to small and medium enterprises, poor merchant and manufacturers. But, because transfer security of floating collective movable property change in component parts, this is some legal problems. The purpose of this study is to discuss and find out how to construe the transfer security of floating collective movable property - a security widely used in practical business but is neither formulated nor regulated in any legal provision - legitimately in the relationships with the principle of one right vested in one object, how to establish possible scope of subject matter for security with variable components, and how to publicly notify interests concerned with transfer of real rights and thereby how to resolve conflicts of interest in the relationships with the third party respectively.