財團抵當制度의 改善方案

Remedies of the Mortgages for Foundations: With a Focus on factory mortgages system

The mortgage in civil law secured specific debt, so the mortgage method must set a mortgages individually. Consequently the land for a corporate management, the building, machine and the industry right, mortgage as one is not a possibility. here special acts are created in order to supplement any inadequate aspects of the security system in civil law. Special security, that is, mortgages for foundations regulated by special acts are divided into factory and mining mortgages. But the provision of most of factory mortgages is adapted in mining mortgages. so in this article, wish to discusses mainly centering around the factory mortgages. The foundations mortgages system grasps material equipment and right of property with one and hereupon to set a mortgage. consequently foundations mortgages system is more effective than mortgages on civil law in which compared to financial bias of the enterprise. in spite of the present working conditions of foundations mortgages system very is inactive. Therefore in this article, present working conditions and problems of mortgages for foundations are examined, and remedies are presented. To activate mortgages for foundations, must be improved from the some branch side. the first, it is an expansion problem of factory concept. the second, the scope of the property which composes factory foundations is narrow. the third, foundations listing complicates and the expense holds plentifully. the fourth, introduce the compulsory administration system, as a mortgages execution. To solves like this problems, I propose introducing “an enterprise equipment mortgages system” and “an enterprise foundations equipment system”. The foundation mortgages system is not suitable for today s Inclusion security. I think that there is a necessity which will introduce the concept of the floating charge which provides property inclusively to a mortgage. I think that there is a necessity which will introduce the concept of the floating charge which provides property inclusively to a mortgage.