동산·채권 등의 담보에 관한 법률안 상의 등기부 인적편성주의

Title
동산·채권 등의 담보에 관한 법률안 상의 등기부 인적편성주의
Other Titles
Debtor Name Based Filing System under the Draft Secured Transactions Law
Author(s)
정봉진
Keywords
주제어 : 동산·채권 등의 담보에 관한 법률 제정안; 동산담보제도; 미국 통일상법전 제9조; 인적 편성주의; 팩토링; 채무자 이름 검색 시스템; “경고”주의 등기제도; Key Words : the secured transactions law; secured transaction; U.S. Uniform Commercial Code Article 9; debtor name filing system; factoring; debtor name searching system; notice filing
Issue Date
201004
Publisher
영남대학교 법학연구소
Citation
영남법학, no.30, pp.179 - 218
Abstract
In Korea, the Legislature is currently reviewing "the Draft Secured Transactions Law" proposed by Korean Government last year. The draft is modeled after Uniform Commercial Code Article 9 of the United States which has significantly influenced recent reformation of the secured transactions laws of many developed countries. Since the financial crisis of 1997, the reformation of the Secured Transactions Law has been an urgent issue in Korea. In particular, it has been suggested that a new legal framework for the secured transactions should be introduced. Personal property has not been a popular form of collateral to secure the financing transactions in Korea. It was because of the inefficiency of the current secured transactions law and its public notice system. The Draft Secured Transactions Law, once enacted, will promote the availability of low-cost secured credit for commercial enterprises, especially for the small and medium sized business entities. They usually do not have much real property which has been a traditionally preferred form of collateral to secure bank financing. In essence, the draft's filing and searching system is a “debtor name filing and searching system." Success of the system depends upon accurate debtor names. Unfortunately, however, filers are likely to make errors in debtor's name. In addition, under the debtor name filing system, a searcher who is going to provide finance to the debtor is unable to discover the filing made against the debtor's predecessor in title,even through a reasonably diligent search. The purpose of this article is to study the U.S. Uniform Commercial Code Article 9 filing system. and recommend some solutions to such problems faced by the Draft Secured Transactions Law.
URI
http://hdl.handle.net/YU.REPOSITORY/22539
ISSN
1225-6722
Appears in Collections:
법학전문대학원 > 법학전문대학원 > Articles
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