日本 根抵當權의 設定과 特定債權

Abstract

Generally we accept the fact that Security designates both material mortgage and human security in korea. And material mortgage is divided into ordinary mortgage and collateral mortgage(Die Höchstbetragshypotek). Human security is also classified into two types: general guarantee and collateral guarantee. One of the bases of these classifications is on the structures of obligations that are guaranteed by material mortgage or human security. The structure of obligations has two types: One type is that obligation is certainly decided on the contract among the parties concerning its kind, its amount, its interest, etc. The other type is that obligation is not anticipated by the contract among the parties about them. Ordinary mortgage and general guarantee belong to the former type, and collateral mortgage and collateral guarantee belong to the later. Thus we can permit to call that collateral mortgage and collateral guarantee is settled for the unspecified obligations, and ordinary mortgage and general guarantee for the specified obligations This paper aims to find the fact that the obligations of collateral mortgage are not anticipated by the contract among the parties on the Fixed collateral Law in korea, and to confirm the fact that the collateral mortgage will be established for unspecified obligations, not only for the specified obligations.