流擔保契約

Security-Elimination Contract

The security-elimination contract is what can eliminates the security being existed. Namely, It means what can eliminates the performance- method of this security. But, in korea this term of security-elimination contract is scarcely in use. The term of pledge-elimination contract and mortgage-elimination contract are only in use. In this study, I admit the term of the security-elimination contract, discourse upon this contract in detail. And, I debate many issue-points on several security-elimination contract. In the following sentences, the security-elimination contract shall be called s-e-contract. Ⅰ. The Compass of S-E-Contract I give a example which belong to this contract, does not belong to this contract. Ⅱ. The Relation between S-E-Contract and Security Creation Contract 1. S-e-contract is not the accessory of the contract that creates a security real right. S-e-contract is independent. 2. In case s-e-contract is invalid, is the security-creation-contract also invalid? my point of view is negative. Ⅲ. Performance Based on S-E-Contract 1. Is this performance the performance of security real right? Common views and judical precedents are negative, but my point of view is negative. 2. The security real right is not lapsed by the performance based on s-e-contract. Ⅳ. Form and lapse of the Security-Elimination Right The security-elimination right is formed by the s-e-contract and this contract is formed by mutual agreement. The security-elimination right does not lapse by lapse of the security right. Ⅴ. Several S-E Contracts I debate issue-points on several security-elimination contract. Namely, pledge-elimination contract, mortgage-elimination contract, contract that can eliminates provisional-registration-security, contract that can eliminates transfer for security, chonsegwon-elimination contract.