Earticle

초록

영어

Since the global financial crisis in 2008, the trust has been chosen as a stable project execution method for construction companies and financial institutes. When the financial consumers take out a loan with a real estate, they usually use mortgage. Security holders are not completely free from the effect of reorganization process caused by the debtor or the security provider's bankruptcy. So financial Institutions have been used a the trust system, in which a debtor-settlor or a third party security-provider transfers the entire 'ownership' of his property to the trustee for security purposes. Trust Law has been revised in about 50 years since the legislation in 2011. It has been effective from July. 26. 2012. The revised Trust Act are provisions which stipulate about obscure parts in the Real Estate Trust System, including the assignment of truster's status that wasn't allowed in the last Trust Act. Especially, The revised Trust Act has introduced a new concept of 'security trusts'Collateral trust has similar effect with the creation of mortgage, and it is more favorable in the debt collection and the disposal of a secured property. And security trust separates the secured party and secured creditor, and is able to create various legal relationships due to the convertible function of trust. If the collateral trust and the security trusts connect with the beneficiary certificate issuance trust, the financial institutes can raise the large-scale funds easily and promote the liquidity of the beneficial interest. This essay deals with the Securitization of the collateral trust and the security trusts, which means the trust created by creation of security.

목차

Ⅰ. 서론
 Ⅱ. 담보신탁
 Ⅲ. 담보권신탁
 Ⅳ. 담보신탁과 담보권신탁의 증권화
 Ⅴ. 맺음말
 참고문헌
 

키워드

저자

• 김동근 [ Kim, Dong-Geun | 전북대학교 법학전문대학원 교수, 법학박사. ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2026

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340