A Study on Alienation Guarantee
| Autor: | LIN, WEN-HUNG, 林彣鴻 |
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| Rok vydání: | 2017 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 105 Alienation Guarantee is a type of transferred secured right, and the propose of Alienation Guarantee is to secure the obligation between creditor and debtor. Besides, the rise of Alienation Guarantee is because the typical secured rights could not react the rapid demand of the market, and it has been admitted by German and Japan not only in theory but also in judicial practice. In order to make up for the insufficiency of movable property function, practice of German mainly adopts Alienation Guarantee on movable property. However, judicial practice of Taiwan consider all transferable property could be the subject of Alienation Guarantee, its still mainly be adopted on the secured of real property. Although Alienation Guarantee of real property is recognized by theory and judicial practice in Taiwan, there is no related regulation. Moreover, Alienation Guarantee of real property copies the concept of Trust Institution, which seems to be necessary. However, Trust Law only enacts managed trust and missed secured trust yet creates unnecessary concerns. As mentioned, the propose of Alienation Guarantee of real property is to secure the obligation, perhaps the best way is to enact related regulation. On the other hand, we could add secured trust to Trust Law. As a matter of fact, it could constitute a complete trust system and enhance legal basis through enact related regulation. The exploration of Alienation Guarantee of movable property is much less than real property in Taiwan because of booming secured regulation for movable property. The current related regulation to secure transaction for movable property are Pledge of Personal Property in Civil Code, Personal Property Secured Transactions Act, and recently proposed Secured Enterprise Property Act (draft). The regulations not only improve previous regulations but also satisfy the needs of international commerce and modern enterprise. Furthermore, Secured Enterprise Property Act (draft) develops Floating Charge System, which is necessary and appropriate for nowadays. Although because of Rights In Rem Subject Specificity Doctrine, there have doubts on this issue. In conclusion, the proposed suggestion on the issue of this thesis is to refer classification and specificity of Alienation Guarantee of movable property from German, thus to make sure the scope of Floating Charge will still follow Rights In Rem Subject Specificity Doctrine. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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