동산․채권 등의 담보에 관한 법률상 ‘채권담보권’

Abstract

After a financial crisis in 1997, financial companies have been aware of assets quality and credit risk, so they have preferred a loan on security that is certainly able to collect debt. And because of the international trends for the unification of collateral laws and increase of an international financial transaction etc., security system which utilize movables and a bond besides real security is being magnified. Because real estate is limited in quantity, the number of user that utilizes real estate to a collateral object is limited too. Therefore, the person which wasn't able to maintain real estate has considerable trouble in financing with real security. Especially, small and medium-sized businesses have trouble in financing with shortages of collaterals such as real estate, even if they are maintaining generally a technology with considerable levels. At this paper, I study new security right of receivables that can register. The new collateral system can set up several security right by adopting the public notification ways of registration on security right of receivables. Although the new act is enforced, the existing security right of receivables system don't be abolished. So the existing security right of receivables system is coexisted with the new security right of receivables system. 『the Act on Security over Movable Property, Receivables, etc.』 define in other to be able to register collateral about providing an obligation with a named obligee. Besides, this law defines in other that a mortgagee can be set up against a third person if mortgagee registers collateral. Collateral having made for the purpose of money bonds that I was newly founded has a problem in all sorts of ways. Thus, we have to study these problem. Before 『the Act on Security over Movable Property, Receivables, etc.』 is enforced, we should supplement and revise various problems of this act. If the new collateral system is come to stay promptly and a system financial of our country becomes advanced, fund supply of small and medium industries can be easy. The new collateral system must be operated in order to systematically harmonize with the existing right of security right of receivables.