질권과 저당권의 변동에 관한 민법개정론

In this thesis, I critically discussed about amendment proposals relatingKorean Civil Act on change of pledge and mortage from various personsand institutions(especially from Korean Government and its Ministry Justice). After that, I offered my amendment proposals as following. Ⅰ. Civil Act Article 330 (Establishment of Pledge) Pledge is establishedupon the delivery to creditor movable property to be pledged. Ⅱ. Civil Act Article 332 (Termination by Return of Pledged Property)When pledgee returns pledged property to its owner, the pledge goes out ofexistence. Ⅲ. Civil Act Article 342 (Existence on Claim) pledge exists on owner’sclaim caused by destruction or damage. Ⅳ. Civil Act Article 348 (Pledge against Mortgage Claim) In case ofpledge mortgage claim, when claim is pledged, the mortgage is pledgedaccordingly. Ⅴ.Civil Act Article 348-2 (Pledge against Pledge Claim) In case ofpledge claim, when claim is pledged, the pledge is pledged accordingly. Ⅵ. Civil Act Article 361 (Appendant Nature of Mortgage) In case ofmortgage claim, when claim is transferred or pledged, the mortgage followschange of claim accordingly. Ⅶ. However retentive right, pledge and mortgage hold Appendant Natureon its Existence. Therefore it is right to regulate Civil Act Article 321-2(Appendant Nature of Retentive Right) In case of claim granted byretentive right, when claim is transferred or pledged, retentive right istransferred or pledged accordingly. in the 7th Chapter(the Chapter of Retentive Right). And it is right that this provision shall mutatis mutandisto pledge and mortgage. If we do this, Civil Act Article 348·361 and theirAmendment Proposals above-mentioned are not necessary, and it is are notnecessary to establish Civil Act Article 348-2.