가등기담보법의 개정

Reforming for the Law of the Security under Provisional Registration

Un-Statutory Security is typically executed by the Law of the Security under Provisional Registration. This Law that is enacted for the protection of a debtor is not almost used in money market because of the loss of the efficiency of the Security under Provisional Registration. However restraint of using such security has some problems. This article studies on reforming for the Law. The characteristics of the execution of the Security under Provisional Registration, that is especially the auction priority principle over execution of such security, is cause of the restraint of using the security. Therefore reforming for the Law of the Security under Provisional Registration is to annul the auction priority principle over execution of the Law. It is necessary to take a principle that gives priority if previously starting execution of security under provisional registration, in place of the auction priority principle. However, the method of liquidation by reversion should not be revised.