中國의 動産質權에 관한 考察

• Published in: 법학연구 Vol. 20; no. 2; pp. 113 - 150
• Main Author: 김용길(Yong-Kil Kim)
• Format: Journal Article
• Language: Korean
• Published: 충남대학교 법학연구소 01.12.2009; 법학연구소
• Subjects: 법학; Pledgee; 동산; 질권설정자; Pledger; 질권자; 담보물권제도; Movables; Pledge; 질권; Security System
• ISSN: 1229-2699; 2671-8553

The Chinese Jus Rerem has been enacted on 16. March in 2007 and shall came in to force on 1. October 2007. China would have shared with the three Northeast Asian countries in legal conception and terms by enacting the Chinese Jus Rerem. These countries will be influenced reciprocally in the legal matters related to the Chinese Jus Rerem. The pledge refers to the delivery of movables or rights by the debtor or third party to the creditor for the purpose of securing the obligation. Unlike the mortgage, the pledgor transfers the possession of the movables to the pledgee in the pledge relationship. If the debtor fails to perform his obligation, the pledgee may have the title to the collateral after valuation or have priority in receiving the payment from the proceeds of auction of such movables. Unlike mortgage applying to both movable and immovable, the pledge only applies to movables. Like the mortgage the pledge is also subject to written pledge contract by and between pledger and pledgee. If the pledge is not paid at expiration of the term for performance of the debtor, it may by agreement with the pledger convert the pledged things into cash, or auction or sell them. After they are converted into cash or auctioned off or sold the proportion of the proceeds in excess of the amount of creditor rights belongs to the pledger, and the debtor shall pay up the proportion in shortfall. Recently China has amended the constitution and updated the legal system, especially in the civil law. After solving the matters in dispute these days, China has been more and more grown rapidly by establishing the Chinese Jus Rerem and rights to pledges. KCI Citation Count: 0