담보물인 동산의 선의취득

Abstract

『the Act on Security over Movable Property, Receivables, etc.』 article 32 shall apply the provision of this article 249 with respect to the Bona Fide Acquisition. The Civil Code Article 249 provides that if a person who peaceably and openly was assigned a movable and had possession of it acting on good faith and without negligence, he shall acquire its ownership immediately even if the assigner is not legal owner. But 『the Act on Security over Movable Property, Receivables, etc.』 doesn't have to apply The Civil Code Article 249. Because security on『the Act on Security over Movable Property, Receivables, etc.』 which the Bona Fide Acquisition can be, is movable assets. Therefore, movables security can be done in the Bona Fide Acquisition even if 『the Act on Security over Movable Property, Receivables, etc.』 doesn't apply The Civil Code Article 249. In order to accept the Bona Fide Acquisition, a person who transfers movables security must not have disposal. A mortgagor of movables security has a possession which can dispose of movables security. Therefore, in principle a third party who purchased it from a mortgagor of movables security can acquire a possession not through the Bona Fide Acquisition but through derivative acquisition. Besides, in order to accept the Bona Fide Acquisition, a third party should purchase movables security in good faith and without negligence in regard to setting of a security right. Because of being register of movables security, it is hard to purchase movables security in good faith and without negligence. As mentioned above, I study some problems with respect to the bona fide acquisition of movable security at this paper. Through this paper, I suggest various interpretive method and my point of view of the bona fide acquisition of movable security.