근담보제도의 비교법적 검토

A comparative study on the floating security system

This article is the comparative study on the floating security system in the Korea and China, Japan. In Korea Civil Law enacted in 1958, Article 357 stipulated about floating sum mortgage, a mortgage can be created by settling only the maximum amount of the debt to be secured and reserving the determination of the debt in the future. In such case the extinction or transfer of the debt which occurred before the debt is determined cannot be effective against the mortgage. Floating sum mortgage is prescribed in the Korea Civil Law in first time rather than Japan and China. In Japanese Civil Law revised in 1971, regulations of the floating sum mortgage are the most of Korea and China. In Chises Property Law is enacted in 2007 of the latest time, it is regulated maximum mortgage right and then collective movable property mortgage in the first time of the Korea and Japan. Recently, the special act for the protection of the guarantor enacted in Korea. Therefore, that resulted in a significant difference in the Korean floating security system. Even though the special act was legislated, proposals to amend the Korean Civil Law should include the articles of the protection for the guarantor.