債權質權의 物權性에 관한 法理的 問題

Abstract

Reconsideration of the legal theory on pledge of a claimJung, Hae-SangA pledgee of a claim obtains satisfaction of his claim out of the claims, which he has received from the debtor or a third person as security, in preference to other creditors.Where a nominative claim has been made the object of a pledge, the creation of the pledge cannot be set up against the original debtor or other third person, unless he has been notified of it by the pledger in accordance with the provisions of Article 450 or unless the original debtor has given his consent thereto. I examine the consideration of the legal system ; the writing with a certified fixed date is not the public notification method of real right. A property right may be the object of a pledge; Provided, a nominative claim may not be the object of a pledge. Legal theory of a nominative claim is only within the scope of claims. And I focus that the securities may be the sole object of a pledge of right.