중국 민법전을 통해 본 저당권의 특징

Abstract

The analysis in this study is the contents of the characteristics of mortgage rights revealed in the Chinese Civil Code. The mortgage system plays an important role in the process of economic development by enabling individuals or companies in need of funds to obtain credit by providing certain collateral for financing. This study has great significance in that it analyzed the core contents of the mortgage rights stipulated in the Civil Code for the first time in Korea. It is also characteristic that China, unlike Korea, widely recognizes the object of mortgage by using the term 'mortgage property', which includes movables. In addition, although it is not yet regulated in our civil law, the fact that China has accepted and implemented the floating charge system, which is being implemented in advanced countries, has many implications for us. In China, buildings can be the object of mortgage, but land is unique in that only land use rights, not land ownership, are the object of mortgage. In particular, the Civil Code supplemented provisions related to land contract management rights, a property right unique to China, in order to protect the stability of life and the minimum basic right to live for farmers, who account for half of China's population. In this respect, the Civil Code seems to reflect the intention to protect the rights of farmers, and to revitalize the rural economy. Such differences in mortgage systems between Korea and China are fundamentally derived from differences in the political and economic systems of the two countries. Lastly, the Civil Code is evaluated as an 'encyclopedia of social life' because it establishes rules for basic conduct in the process of individual participation in social and economic life and deals with many contents related to social life. Therefore, individuals and foreign corporations doing business in China have to understand the mortgage system which have a very important meaning in the course of economic activities.