전자채권의 법적 쟁점 = Legal Issues about the Electronic Receivable

다국어 초록 (Multilingual Abstract)

Electronic receivable seems to be promoted in its distribution by high legal certainty by electronic registration system, readability (visibility) of contents of rights and convenience in assignment procedure, etc. Particularly, small and medium-sized enterprises with credit sales credit by electronic receivable system is expected to procure funds more easily. However, the present Electronic Finance Transaction Law provides only for definition provisions of electronic receivable and counteraction factor provisions regarding assignment of electronic receivable but has problems of impeding legal certainty by deficient provisions of registration requirement. Therefore to secure liquidity of electronic receivable by complementing such deficiency hereafter, writer thinks that legal improvement regarding electronic receivable system is urgently needed.
As such is the legal complement, terms need to be improved first. Since electronic receivable takes effect by its registration, the term ‘registered electronic receivable’ is deemed more appropriate than the term ‘electronic receivable.’ Second, it is necessary to have specific provision regarding what the contents of such credit are at the time of registration of electronic receivable. Particularly, required record matters such as the gist of payment by obligor of a certain amount, payment time, name and address of creditor and obligor, etc. at the time of registration shall have to be stipulated. Third, cutoff provision for acquisition in good faith and personal defense in assignment of electronic receivable shall have to be stipulated. Fourth, regarding electronic receivable also, provision recognizing guarantee by note and system of right of pledge shall have to be stipulated. Fifth, user shall have to be heartily protected by reinforcing regulation of electronic receivable managers.

목차 (Table of Contents)

• Ⅰ. 머리말
• Ⅱ. 전자채권의 개념과 법적 성질
• Ⅲ. 전자채권에 관한 몇 가지 법적 쟁점
• Ⅳ. 맺음말
• 참고문헌
• 〈ABSTRACT〉