새로운 담보제도로서의 채권양도등기제도 - 일본의 채권양도등기제도와 관련하여 -

Abstract

Our Civil Law and it's Security system used real estate as a means of financing are being utilized as the main way. Therefore, in order to get a finance, the typical method which provide obligations with security in Korea is to establish the right of pledge or to use transfer security. But the company which does not have a lot of real estate are practical difficulties in financing and a matter of Countervail on obligation make use of low. According to like this tendency, this operates with a serious restriction to Debtor or security provider. So it is necessary to take advantage of other means of financing such as obligations. But, to the case which use transfer security, there is a problem that change of right does not become known by the public announcement and therefore vice-existence of notification system will can cause a problem like holder in due course and double transfer. Therefore, to improve the problem of public notification method of current security system on assignment of an obligation and to magnificate of the fund raising method, introduction Registration system on assignment of an obligation like Japan's system is demanded. But, in case of introducing the legislation of the foreign nation, we must consider the difference of legal outstanding consciousness of legal actuality and legal culture and the citizen of the country. And we must investigate the registration system on assignment of an obligation of Japan in detail, and the prudent investigation is necessary. Also it is important to consider our economy and legal actuality concretely and practically.