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Study On The Guarantee System Of Korean Chattel

Posted on:2019-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Q ShenFull Text:PDF
GTID:2416330545958956Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the vigorous development of the market economy,the legal system related to the economy has played a great role in the economic development of a country.The guarantee system is one of the legal systems which are closely related to the economic operation."Security has also evolved from a simple debt guarantee tool to a mixed tool with both the guarantee function of creditor's rights and the characteristics of financial products",and the importance of the guarantee law can be obtained.When a security interest is set up on a movable property or creditor's right,the pledge or pledge of property is usually set.Although there are other non typical guarantees such as movable property transfer guarantee and creditor's right transfer guarantee,the utilization rate of the system of pledge or transfer guarantee in real transaction is low.In order to improve the availability of movable property as guaranty,Korea has formulated the law of movable property and creditor's right guarantee(hereinafter referred to as the"Korea Guarantee Law").In the current law system of Korea,the system of movable property and creditor's right guarantee mainly includes the system of transfer guarantee and retention of ownership,which are common in quality rights and trading habits.However,based on the well-known reasons,although the pledge and guarantee have its unique guarantee function,but because of failure to meet the needs of economic transactions,it has been referred to a number of disadvantages.Due to strict compliance with the principle of possession,the pledge stipulated in the Korean civil law is basically useless in real transactions.Because the pledge of chattel needs the pledgee to take possession of the quality,it is difficult for the person engaged in production and operation to set up a pledge on the machines,raw materials,such as the machines and materials used in production and operation.On the other hand,setting up pledge may increase the burden on those possessing property.The key point of this article is to discuss the chattel guarantee system in Korea.The first chapter is the introduction,which mainly describes the research status,research purpose and significance,research scope and method.The second chapter is the content and effectiveness part of Chattel Security Rights in Korea.It expounds the establishment,content and effectiveness of Chattel Security Rights and the relief of Chattel Security Rights.The third chapter is the realization part of the security right of Korean chattel.It expounds the realization methods of Korean Chattel Security Rights:auction and private force realization,prior agreement,implementation steps,false disposal and objection application.The fourth chapter is the part of the registration system of the Korean movable property guarantee,which expounds the structure and certificate of the register,the registration and registration,the registration and registration procedures,and the validity of the registration of the movable property guarantee.The fifth chapter is the reference of the Korean chattel guarantee system to our country,and expounds the shortcomings in the system structure of the security right of the movable property,the guarantee right of the movable property and the registration of the movable property guarantee,and puts forward the corresponding suggestions for reference to the related system of Korea.
Keywords/Search Tags:Personal Property Secured Transaction, Registration, Real Securtity Right Realization, Realization Of Public Remedy, Realization Of Self-help
PDF Full Text Request
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