物件 槪念의 變化에 따른 擔保 및 公示 制度의 改善에 關한 硏究

Abstract

The extent of property that can be the object of secured transaction is now being expanded according to the rapid development of society and economy. This trend enables many company get a loan from a bank or angel. Based on the new paradigm by the recent change of market like that, this paper touches the necessity of aggregated property security. Specially, we focus on the question, what the best way to publicly give a notice on secured transactions is. For the questions, we consider the foreign legal system first. It includes the Electronic Registration System under the Uniform Commercial Code Article 9 and the Japanese Electronic Registration System for both movables and accounts. We can consider to adopt the similar system with the U.S. and Japanese public notice system. But new system might be able to make any conflict with the old security and public notice system. Therfore we must heavily study for harmonization between the old and new system. Additionally, we need a investigation of question taken place in the foreign system and its resolutions. Finally, a discussion on new security system will contribute to lead our legal system into the advanced level and meet the international standard.