民法改正案 中 新設條文에 대한 考察- 假登記 및 根保證에 대하여 -

Abstract

The purpose of this study is to review the effect of provisional registration and continuing guarantee in the recently revised draft bill of civil law. The provisional registration only has effect of preserving precedence when it is registered in proper form based on it. As a result, a critical issue has occurred in the procedure of original registration based on provisional registration. Therefore, this revision of civil law has plan to make the third party's original registration null and void if it infringes on the preserved rights based on provisional registration. However, I, to avoid unnecessary misunderstanding, suggest that the above revision be modified as follows, "the third party's original registration will be null and void when it exercises and infringes on the preserved rights based on provisional registration." Additionally, I think the revised Article 448.2, Paragraph 2 is unreasonable. This article provides that "Without the agreement for the term of guarantee, it is regarded as 3 years guaranteed." I suggest that this article be modified as follows, "Without the agreement for the term of guarantee, the continuing guarantee contract can be terminated at all times." Only so, the article can be compatible with the purpose that the term of guarantee of a continuing guarantee contract should not exceed 3 years.