動産擔保權의 統一化와 登錄에 의한 抵當權化로의 새로운 傾向

New Trend of Unification and Registration of Security Rights on Personal Property

Historically, security rights on movables have been developed very diverse and created by way of delivery of possession of them. Furthermore, registration of the security rights of movables has not been needed. Therefore, the security rights on movables, especially pledge on them, have been very inconvient for debtor to run a business, who has borrowd money with creation of security rights on his/her own movables. Because he/she could not use materials, machines and equipments for production owing to the delivery of possession of them, even though he/she would get money from creditor for operating them. In oder to overcome such an inconvience of security rights of movables, it been recently proposed that the security rights on movables should be registered instead of delivery of possession of them. Generally, such a proposal of the registration of security rights on movables has been mainly made by organizatons and institutes of international trade business, and international banks. At same time, unification of diverse security rights on movables into one kind of security interest on movables has been also proposed. The Uniform Commercial Code of the United States of America (UCC) has led such a trend of security rights on movables. Nowadays, the United Nations Commission on International Trade Law(UNCITRAL) plays a leading role of such a trend. The International Institute for the Unification of Private Law(Unidroit), the European Bank for Reconstruction and Development(EBRD) and the Organization of American States(OAS) have also supported for unification and registration of security rights on movables through elaboration of model acts on them. Even though such a trend of unification and registration of security rights on movables is a main stream in security law these days, Germany has not act positively about it. Because Germany had already developed more convenienter security rights on movables without registration of them through transfer of title for security on movables and retention of title of movables by vendor. Together with unification of international contract law through the United Nations Convention on the Contract for the International Sale of Goods(CISG), the unification and the registration of the security rights on movables is another symbolic development of globalization in private law. But each method is different: through the former method the sustantive law itself of international contract law has been unified on the basis of international treaty, through the latter method the unification and the registration of security rights on movables should be legislated according to the proposed model law or legislative guide etc.. Some countries have already legislated partially for registration of security rights on movables. Korea should also positively take into consideration for registration of security rights on important valuable movables along with the globalization of law of security rights on movables.