유동집합동산 담보의 활성화 방안에 관한 연구

A Study on the Promotion Method of Inventory Security - With a focus on Introduce the New Registration System -

Being a device to activate inventory security, this study is a thesis that suggests an enactment of Speical Law to improve notification method. The global trend today is promoting security rights on movables law following the unification of international trade law. Needless to say, the central axis is security system on movables of the Uniform Commercial Code of the United States of America( UCC). Looking at our country, as an improvement device for official method that was initiated as a problem for existing legislation for the security rights on movables and as a notification method for the security rights on movables, introducing registration system may be considered. If the essence of the right of pledge for the Movables, transfer of security, proprietary reservation and etc. is security, the basic consideration of security system as a matter of UCC that treats the type as one by understanding it functionally and integrating it as one security rights can be very simple and clear. Therefore, there is a security rights that is established realistically for a particular creditor concerning the property that is possessed by the debtor, considering the fact that it turns possession revision into notification method and solves the problem of existing system that does not notify it externally, it can be one practical legislative proposal. However, considering various circumstances, it easy too early to introduce legislation system of UCC to our legislation. Because the movables security system and legislative guide of United Nations Commission on International Trade Law(UNCITRAL), basically start from the principle of contract freedom, our security law of jus in rem adopts the principle of a real rights and strictly provides by law the kinds and contents of jus in rem. Due to these difference in thought between Anglo-American law and the continental law, the method for registration, enrollment is divided into the method for registering American transaction specifications that is based on the contract freedom and Japanese registration system that is based on enforce regulations in real rights. Thus, introducing filing system of UCC and filing system of UNCITRAL in full-scale is difficult without tearing down enforce regulations in real rights. that is the main principle for our the law of reality. This is also a reason why nations of the continental law are unified about movables security law and passive about standardized movables security system. In addition, if the filing system is taken, they have to deny an acquisition in good faith and this is considered a burden. Of course, just like concerning UN Convention on Contracts for the International Sale of Goods(CISG), bonds have been unified quickly due to their characteristics of character of worldwide and universality. However, it is difficult to unify or simplify a real rights due to its characteristics of character of laws derived from the customs and traditions of a country and characteristic of closing. In our case at this moment, rather than the security rights on movables of UCC which is currently adopting registration system as a unified notification not only for movables, but also for obligation, I think it would be reasonable to introduce registration system that can harmonize with a system of our civil law limited to essential parts(for example, there exists Chattels mortgage through registration·filing for ships, air crafts, automobiles, construction machines). As a direction for legislation, rather than accepting it before the civil law, we need to give inventory security its location as special law of the civil law in restricted areas so that it will not shake our the civil law system. In this way, it will not cause any confusion to our civil law principle, and harmo