日本 不動産擔保法의 硏究(Ⅰ) ― 根抵當法의 特色과 構造에 관한 考察 ―

On the basic structure of the collateral security[Hochstbetragshypothek] law in Japan

The collateral security law in Japan was legislated by 'The partial revised law of the Civil Law' on June 3th in 1971. This law aims to make clear the legislative problemes on the hypothec transactions caused by using dealings on loan advance since World War II in Japan. In the past the principles concerning the collateral security was constituted by case laws and theories, however legislative solution was demanded because of the controversy on 'inclusive collateral security'. The collateral security law has important significance on the subjects as follows: 1) alteration of the security ranking 2) meaning of the collateral security 3) alteration of the security right 4) denial of the accompaniment to the security right 5) inheritance and merge on the security 6) disposal of the security right 7) joint right of the collateral security 8) fixation of the security right In Korea, Article 357 of the Civil Law prescribes the collateral security, but the Article is not enough to cover the complicated and manifold relations on the hypothectransactions. Thus it is thought important to study the Japanese collateral Security law.