집합동산담보의 공시제도 개선에 관한 고찰
UCC상의 등록제도를 중심으로
- 김인유(Kim, In-Yu)
- 한국민사법학회
- 민사법학
- 제29호
- 등재여부 : KCI우수등재
- 2005.09
- 253 - 285 (33 pages)
This thesis proposes the improvement and legislative direction about notification system on the security of the inventory. The security of the inventory has not been utilized now, due to the insufficient system on the notification. therefore real estate has mainly been used as the security system, in korea society. In case of United States, Uniform Commercial Code handles the security of the inventory in the Article 9. as notification system of the personal property transfer collateral, the legal matters are resolved legislatively with the third party through the selection of the registration system. But registration system on Uniform Commercial Code Article 9 has arisen several problem in case of adopt our legal system, for example, only object of security, include a transaction, regardless of its form, that creates a security interest in personal property or claim, filing(registration) office, fee for filing etc. Therefore, I prudently suggest that the new notification method on the security of the inventory, as the way of overcome the problem with the general principle of property right and the limitation of security system under the civil law, should adopt at our security law. New notification method on the security of the inventory is register on public paper. it is possible through that should be enact the especial law. If new notification method of this type adopted, it would help small business or small company, as a fine notification system.
Ⅰ. 서론
Ⅱ. 집합동산담보의 공시제도와 그 문제점
Ⅲ. UCC상 등록제도 및 그 도입시 문제점
Ⅳ. 새로운 공시제도 도입
Ⅴ. 결론