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현행 가등기담보법의 문제점을 중심으로 가등기담보를 고찰했다.

Provisional Registration Security was the customary real rights granted by way of security which the Payment in Substituted Preengagement for the obligor to preengage to transfer ownership of security to the obligee in defaulting an obligation and Provisional Registration Security to publish it were combined. It was a kind of atypical, irregular security growing spontaneously from a long time ago, and it was different from typical real rights granted by way of civil law. Having always the possiblity of excessive profits, Former Provisional Registration Security brought on public criticism. Thus, the Act on Provisional Registration Security was enacted on the 30th of Dec.

1983 and was enforced on the 1st Jan. 1984 in order to prevent a conflict between parties and to protect the populace, the economic weak, by means of preventing a wiked obligee's excessive profits resuting from irregular security, protecting the obligor and arbitrating rationally legal relations amonr an interested parties. The characters of our Provisional Registration Security are that; 1) all former irregular security comes to have a character as a legal realrights. 2) the Act regulates all irregular security. 3) the Act must take a liquidation proceeding in order to imforce Provisional Registration Security. 4) the Act legalizes public confidence of Provisional Registration Security.

5) the Act legalizes reversion settlement of accounts type and disposal settlement of accounts type as the enforcement method of provisional registration security. The controversial points of the existing Provisional Registration Security Act are that; 1) it is not to regulate reconciliation before instituting a lawsuit. 2) public announcements method is insufficient. 3) it is unreasonable to legalize to public confidence of Provisional Registration Security.

4) in case of resersion settlement of accounts in the enforcement method of Provisional Registration Security, there being no provision in the statute on the value estimate methode of an object real estate, there is a fear of raising a trouble. 5) in case of disposal settlement of accounts type, as the Act is identified with hypothec, we have no other choice except auction, consequently the execution proceedings is so complicated that the Act comes into question in practicalty.

As Provisional Registration Security Act is enacted in order to protect obligor, and arbitrate rationally legal relations among an interested parties by regulating irregular secuity growing spontaneously from a long time ago in the financial dealings among the individual, it is difficult to aim at perfection on Provisional Registration Security Act as the first legislation. Hence, when it is neccessary to improve in application of the Act, we answer the purpose of legislation and will have to harmoniously keep private financial dealings order by amending and supplement in the future.