債權의讓渡와 擔保에 關한 公示制度

Ever since the law on property and receivable security emerged in the order of bond trading, disclosure of receivable transfer by the civil law and the disclosure method of registration by the special law have co-existed. Requisites for counteraction and registration are those. As for the effect, it’s stated that registration has priority. However, it’s clear that it will bring confusion to the trading order if different rules have different effects for the same receivable. Uniformity of legislation is an urgent issue. Not only that, the purpose of the receivable security law is to revitalize the secured transactions. This is to reflect that the existing claims transfer system cannot keep up with the reality of the demand of security for claims. The reason started from the increase of demain for the future of claims transfer. This characteristics of future claims cannot have the disclosure method with requisites for counteraction by the existing civil law. This results from debtor and debt amount not being specified. Therefore, claim security registration system was adopted. Because it allowed you to register for claim security without specifying the debtor the debt amount and if registered you defend against 3rd parties Therefore, I expect the future claim transfer security to increase and cash flow through secured claim trade to be easier. However, since the claim security law that was established with this purpose was enacted without changing the civil law, some confusions from the difference of methods and effects of the two systems are expected. Thus, I purport to present an improvement plan.