동산양도등록제도의 도입필요성-일본의 동산양도등기제도를 중심으로-

Abstract

The purpose of this paper is to examine the necessities of registration system in personal property as public notice system in Korea. In the view of public notice, some secured interests such as on vehicles, ships, and aircraft can be registrated in title-based registry system for the perfection of securities interests and transfer of title. There is no registry system to perfect the title or pledge of general chattel in Korea. So, actual delivery or transfer of possession is needed to perfect the title of general chattel. After transfer of possession, it is impossible for transferer to use the chattel. Because of that, agreement on possession are used for perfection of secured interests and transfer of chattels. In the view of public notice in secured transaction, agreement on possession can not do its functions, such as notice warning the existence of interests in that chattel. So in secured transaction, it is not familiar to provide inventory an itemized list of current assets as held by company or corporation in Korea. In the viewpoint that public notice in transfer and secured transaction of movable property in the world have been disposed to adopt movable registry system, it would be regarded as a global standard in the era of tremendous and rapid transaction. This paper makes a survey of the Personal Property Registration Act 2005 of Japan. Under the new Act of Japan, agreement on possession consists with the registry system, so people doing secured transaction can choose the way of public notice between agreement on possession and registration. This paper thinks that new Japan act is good model for korea. Registry system on personal property will promote chattel mortgage and floating charge for small and medium enterprises in Korea.