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RISS 인기검색어
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- 저자 : 郭仁熙(Kwak In-Hee) (검색결과 2 건)
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郭仁熙(Kwak In-Hee),高焌碩(Ko Jun-Seok) 한국비교사법학회 2004 比較私法 Vol.11 No.4
A new secured transactions law governing unitary security interests in Korea should be considered in pursuit of containing comprehensive personal property as well as movable property in company with movables registry system.<BR> in order to establish effective public notice on security interests, movables registry system has been introduced several years ago. While some security interests such as ships, aircraft and vehicles have used title-based registry system for the perfection of security interests and change of title, the traditional public notice of security interests of general chattels stands in the way to extend credits through using general chattels since the notion of traditional notice to perfect the title of chattel depends on the actual delivery of chattel.<BR> In view of the fact that public notice in secured transactions in the world has been inclined to adopt movables registry system, it would be regarded as a global standard of a new secured transactions regime in the world.<BR> A new movables registry system should be set up on the basis of financing statement rather than filing a whole document. Grantor-based system should also be based on personal-based indexing system of searching and filing the names of the debtor rather than the types of individual collateral while high valued collateral with identification number could be filed with description of collateral additionally. Title-based registry already filed in ships, vehicles and factory equipment, and aircraft should be turn into electronic system in connection with a new movables registry system.<BR> On consideration of our fast digital development, the movables registry system should be settled for the use of electronic financing statement and for the sake of security creditors filing and indexing security interests through online. It is no used of saying that security creditors can access security interests filed in movables registry system Without any obstacle.
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곽인희(In-Hee Kwak),고준석(Jun-Seok Ko) 한국기업법학회 2004 企業法硏究 Vol.18 No.2
A new secured transactions law governing unitary security interests in Korea should be considered in pursuit of con taming comprehensive personal property as well as movable property in company with movables registry system.<br/> In order to establish effective public notice on security interests, movables registry system has been introduced several years ago. While some security interests such as ships, aircraft and vehicles have used title-based registry system for the perfection of security interests and change of title, the traditional public notice of security interests of general chattels stands in the way to extend credits through using general chattels since the notion of traditional notice to perfect the title of chattel depends on the actual delivery of chattel<br/> In view of the fact that public notice in secured transactions in the world has been inclined to adopt movables registry system, it would be regarded as a global standard of a new secured transactions regime in the world.<br/> A new movables registry system should be set up on the basis of fiancing statement rather than filing a whole document Grantor-based system should also be based on personal-based indexing system of searching and filing the names of the debtor rather than the types of individual collateral.<br/> Financing statement can be filed to give a notice to third parties It contains the names of the debtor and the secured party, an address and personal security number of secured party, and the maximum value of secured interest The duration of filing can be determined by either of parties' discretion or stipulated terms. There is no requirement of debtor's signature in financing statement.<br/> On consideration of our fast digital development, the movables registry system should be settled for the use of electronic fiancing statement and for the sake of security creditors filing and indexing security interests through online It is no used of saying that security directors can access security interests filed in movables registry system without any obstacle.
KCI
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