日本의 流動集合債權讓渡擔保

The Floating Lien of a Collective Receivable in Japan

In Japan, the floating lien of a collective receivable has been used by men of affairs for a long time. It is mainly used in financial affairs, for example, factoring, lease, selling on credit, etc. It is connected with what is called a principle of security-offering that occupies a important base in Japanese civil transaction. It is classified with different types on the basis of affair forms. Its effectiveness is generally approved by many scholars and judges. But it is not always effective. That is to say, its effectiveness can be approved, only when a possibility the receivable happens exists to some degree. Some doctrines can be indicated on the basis of the degree of the possibility. A certain scholars say that the possibility is not needed with some legal grounds. And the receivable should be specified by a transferor to transfer effectively. Requisites of the specification are a kind of receivables, a period of receivables, a limit of receivables and obligors of transferor. And the rule, what is called 'public order and costume' can be offended, if a transferor and his another obligees are infringed their interest on account of a unfair settlement of security. In conclusion, its effectiveness, the specification and the rule are closely connected with one another. Moreover, A special requisite is needed to claim a legal transference to obligors of transferor and a third party. That is the very notice to obligors of transferor or consent from them, and many scholars are discussing this requisite should be loosen. By the way, as a matter of fact, many Japanese judicial precedents about this subject exist, because this security method has been used for fifty years in Japan. These judicial precedents must be good materials to study it, because they are concerned with its effectiveness, the specification, the rule and the requisite. Most of all, I hope that this thesis help you understand it.