擔保不動産 收益執行制度에 관한 硏究 -日本 改正民法을 中心으로-

Abstract

Ministry of Justice started the project on amendment of civil law from 1999. As the result, Ministry of Justice introduced reform the bill of civil law into Nationa Assembly. In the bill, especially many provisions on floating sum mortgage were established. Japanese civil law was also amended in 2003, one of the amendments was establishment of secered real estste profits executive system. Secered real estste profits executive system means that security right holder can have right to preferencial payment from legal fruits like a rent of secured property. Under this system, as security right holder can make a manager maintain and control, through maintain and control security right holder can receive payment devided preferentially from profits of secured property. So, this system can be utilized as the process that promote secured property's value. Considering these profits, we need to investigate about introduction of secered real estste profits executive system in amendment of civil law in Korea.