동산 양도등기에 관한 연구

A Study on the Registration System in Transfer of Movable Property

The purpose of this study is to propose the necessity of registration system on transfer of movable property as notification system and is to examine the new Act of Registration on movable property transfer in our legal system. In the Korean society, real estate traditionally has higher property value than movable property, and has clearer notification system. so real estate has mainly been used as a security. but movable property hasn t clear notification system owns the title to the secured property. but, recently, there is a need of setting the security by using the movable property as well as financial procurement by using them. In case of Japan, the new Act of Registration on movable property was enacted in the year 2004. so under the new Act of Japan, people doing secured transaction can choose the way of notification method between registration on new Act and notification on Civil Law. In case of United States, Uniform Commercial Code handles the security of the inventory in the Article 9. as notification system of the personal property transfer collateral, the legal matters are resolved legislatively with the third party through the selection of the registration system. In case of United Nations Commission on International Trade Law, UNCITRAL has adopted the Draft Legislative Guide on Secured Transactions. The Commission was widely felt that modern secured credit laws could have a significant impact on the availability and the cost of credit and thus on international trade. therefore at its thirty-fourth session in 2001, the Commission considered a further report by the Secretariat. Still the discussion is in the process of advancing but the focus contents is introduction of comprehensive security system. I think that the new Act of Registration on movable property is suitable for our legal system. Therefore, I suggest that the new notification method on transfer of movable property, as the way of overcome the problem with the general principle of notification under the Civil Law, should adopted at our legal system. The new notification method on the security of the movable property is register on public paper. it is possible through that should be enact the special law.