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本文主要以概述韩国的“让与担保”制度为目的。介绍有关让与担保的判例及学说,再对作为民事特别法的《有关假登记担保的法律》进行说明;另一方面,最近韩国实施了《有关动产·债权担保的法律》。~①这一法律的实施开启了动产及债权担保的新篇章。一、让与担保总论1.从担保制度的沿革来看,首先出现的是采取转让权利本身形式的担保制度,逐渐发展为不伴随债权人占有的担保制度。可以说这种发展过程反映了债务人继续使用被担保物,使其发挥生产手段作用的要求。韩国民
The purpose of this paper is to summarize South Korea’s system of “Assignment and Guarantee”. Introduce the precedent and doctrine of grant and guarantee, and then explain the “law relating to fake registration guarantee” as a special law on civil matters. On the other hand, South Korea recently implemented the “law on movable and debt guarantee.” The enforcement of this law opened a new chapter in movable property and debt security. First, the general guarantee and security 1. From the evolution of the security system, the first thing that appears is to take the transfer of the security right in the form of security system, and gradually developed into a security system not accompanied by the possession of creditors. It can be said that this process of development reflects the requirement of the debtor to continue using the guaranty and give play to its role as a means of production. Korean people