채권양도등기제도의 입법에 관한 연구

Corporations provide mainly real estate as collateral to raise funds, Primary corporate assets consist of not only real estate, but also receivable accounts, equipment and facilities, and stocks of products. Presently, our country generally regulates the obligation transfer in the civil law and also regulates the requirements for appeal in the way of the public announcement, but there is much limit to revitalize the liquidization of obligation through the regulations of the civil law only. As the requirements for appeal, which is regarded as the most important one in the liquidization of obligation, is not simple and efficient, it is actually not easy to smooth the fund procurement through the obligation transfer. For this problem, the discussion to improve the system to make the requirements for appeal of the obligation transfer simple and efficient is being actively proceeded. The liquidization of obligation is executed within the extent extremely limited in the law on liquidization of the assets, but as there is any limit such as strict limit of the owner to liquidize the assets and etc., it will be necessary to expand the application objective. Korea’s projected law on obligation assignment is as follows. It should establish the actors and the scope of obligation assignment. Since the actors of providing obligations as collateral are chiefly enterprises, some argue that they should be limited to corporations, but since the actors of providing obligations as collateral may not be corporations but individuals, it is appropriate that they should not be limited. It is deemed appropriate that the scope of assignment should include a wide range of assets that can be disclosed, such as obligations, inventories, intellectual property rights, and electronic obligations. This is because the wider the scope of the objects of collateral is, the better it is, in order to correspond to the system purpose of enabling the parties concerned to raise funds successfully. The investigative range and methods of the registrar on line are several attention duties of the registrar concerning the investigation on line, the investigation of the all informations and documents applied on line, the identity of the applicant, the fabrication of the supreme court's decision and the conformed electronic documents on line.