The Researching System Of Lien In South Korea

Lien refers to real right security those creditors who beforehand occupied the debtors’possession legally with the condition that the debt is going to touch the due date, then according to the law it need to lien the personal property as assurance, after a period of interpellation, the creditors had not got the compensation they will apprise at the currency rate of debtors’ possession. As the neighboring counties and keeping the similarities in culture, China and Korea adopt the same way in scope of law and alteration of real right, therefore in the case study of lien has significance to compare and use for reference with each other.The 320 article of Korean Civil Code in operation stipulates, the range of application of lien not only contains the movable property and securities but also includes immovable property. Its admission of lien rights assures the benefit to the constructors significantly. However, it has many problems in practice, for instance, the contradiction between demonstrate by occupying the liens and demonstrate by registering, beneficial confliction between lines and bona fides third party. With this condition the problem of Korean lien of immovable property is a focus all the time.The author of this paper sees that this time the suggestion of proposing Korean amended drifts expresses Korean legal scholars’pragmatic approach and venture of creation. Besides, according to the amended drifts it can solve the problems of Korean liens. Firstly, to the range of line in property, it won’t be ranged the estate into line. It solves the problems among system of real estate line and open trial of real estate, pattern of alternation of real right for real estate. Second, the author keeps the view that unregistered real estate needs to be retained the lines, and it is the creation and flash point of this drift amended, for it solves the problems of creditor’s broken benefit which caused by the trait that unregistered real estate can not be put up for auction, and then it won’t arouse the confliction between real estate line and patterns of change of real right principle and principle of publicity. Besides, trait 372 of the drift amended solves the problems of changed line property range which provides the right of mortgage and request to the person with origin estate line and the person with registered line. Last, this drift amended proposes the procedural of auction which changed introduces into eliminations that solve the main problem in the procedural of auction in Korea.