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초록· 키워드
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The transfer mortage which was atypical mortage now became what was admitted by custom law by a system on the positive law. A reason to prefer this with a mortage means in spite of atypical mortage is suitable to give to pledge the production tool or the goods and it must clear through a security right execution in case of default in the obligation of pledge or mortgage but the process or a method is complicated and is troublesome.
When transfer mortgage it does in objective of security for an obligation right of ownership the thing in the creditor previously and the debtor pays a debt, it means that the right of ownership returns to the debtor. The right where becomes the objective of material mortgage in this case and mortgage provision from previously it becomes in the creditor as mortgage in the objective which it does to compare, previously does a bigger right from point the dangerous characteristic to follow and the law problem which is complicated is proposed.
It is to do how the current most important problem reads legal nature of transfer collateral. It is originated from in tube law and legal establishment about real estate real power self-evident registry to have done what is stated a dodder these problems by a provisional registration collateral back. Of course even before law establishing against the legal composition of transfer mortgage that objection composition how to recognize the effectiveness from theory and judicial precedent it is, to do against there is opposition of opinion but the multiple opinion and judicial precedent took the opinion previously the divine message right of ownership.
But when it refers the regulation of the law regarding the provisional registration mortgage gadfly the transfer mortgage is means and objective of security for an obligation.
Also according §3 ② and §14「Act on the Registration of Real Estate under Actual Titleholder's Name」transfer collateral owner is strongly backing up a collateral real right with submitting an entered letter so that a debtor, bond amount and a meaning called Security for an obligation.
Such like this, transfer mortgage by the custom law it is a real right which is recognized recently 「Provisional Registration Security Act」with「Act on the Registration of Real Estate under Actual Titleholder's Name」by is the mortgage system which is regulated. The law composotion regarding this became more difficultly. In this paper「Provisional Registration Security Act」with「Act on the Registration of Real Estate under Actual Titleholder's Name」enforcement after it observes the attitude of the theory against a transfer mortgage in the center and judicial precedent and it considers and the legal re-composition.
When transfer mortgage it does in objective of security for an obligation right of ownership the thing in the creditor previously and the debtor pays a debt, it means that the right of ownership returns to the debtor. The right where becomes the objective of material mortgage in this case and mortgage provision from previously it becomes in the creditor as mortgage in the objective which it does to compare, previously does a bigger right from point the dangerous characteristic to follow and the law problem which is complicated is proposed.
It is to do how the current most important problem reads legal nature of transfer collateral. It is originated from in tube law and legal establishment about real estate real power self-evident registry to have done what is stated a dodder these problems by a provisional registration collateral back. Of course even before law establishing against the legal composition of transfer mortgage that objection composition how to recognize the effectiveness from theory and judicial precedent it is, to do against there is opposition of opinion but the multiple opinion and judicial precedent took the opinion previously the divine message right of ownership.
But when it refers the regulation of the law regarding the provisional registration mortgage gadfly the transfer mortgage is means and objective of security for an obligation.
Also according §3 ② and §14「Act on the Registration of Real Estate under Actual Titleholder's Name」transfer collateral owner is strongly backing up a collateral real right with submitting an entered letter so that a debtor, bond amount and a meaning called Security for an obligation.
Such like this, transfer mortgage by the custom law it is a real right which is recognized recently 「Provisional Registration Security Act」with「Act on the Registration of Real Estate under Actual Titleholder's Name」by is the mortgage system which is regulated. The law composotion regarding this became more difficultly. In this paper「Provisional Registration Security Act」with「Act on the Registration of Real Estate under Actual Titleholder's Name」enforcement after it observes the attitude of the theory against a transfer mortgage in the center and judicial precedent and it considers and the legal re-composition.
목차
Ⅰ. 序論
Ⅱ. 讓渡擔保의 機能 및 類型
Ⅲ. 讓渡擔保의 法理構成
Ⅳ. 結論
參考文獻
ABSTRACT
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