우즈베키스탄의 물적 담보법제에 관한 연구

Uzbekistan has a close relationship with Korea in the political and economic dimensions. Although Uzbekistan is not complete, the country has a somewhat law system. However, even though the country is equipped with a somewhat law system, it could not be said yet that Uzbekistan is completely a country ruled by a law in applying and executing the law system. Uzbekistan has introduced the capitalistic law system after liberation from CIS(Commonwealth of Independent States) but under the influence of the old Soviet Union, its law system has taken a form of Written Constitution or Civil Law system, seeking a consolidation of civil law and commercial law. In the Uzbekistan law system, security or collateral which plays a role as a means for guaranteeing the delivery of debts can be divided into transfer security, real estate security and security of rights and the securities are governed by civil law, security law and real estate security law. Securities in civil law in Uzbekistan arise of and are based on contracts or laws. Uzbekistan law requires all security contracts to be made in writing, which is a general requirement irrespective of the type of securities. And the law sometimes requires a security contract to be tested by public notice and to register with the authorities, depending on the case. Securities are extinguished by the following way: extinction of secured debts, a possibility of security loss or damage, request of security pledger, request of extinction by security pledger at a time when a mortgagee violates his/her fiduciary duty, loss of security or termination of security right and selling of security at auction(Article 281, Civil Law). Unless otherwise provided in the contract, selling of the secured property is conducted at auction by a court. Provided, in the event of security for property right, the security pledger may transfer its right to the mortgagee in accordance with the procedure defined in law.