지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
초록· 키워드
오류제보하기
A holder in due course under the Uniform Commercial Code (hereinafter, “UCC”) § 3-302 is a person who acquires a negotiable instrument for value, in good faith, without notice that it is overdue, dishonored, or that any person has any claim or defense, and the holder in due course is protected by UCC § 3-305 from most claims and defenses. Through this protection of the holder-in-due-course rule, however, in the structure of the home mortgage lending market, predatory lenders have been able to avoid the risk of harm created by mortgage borrowers, and investors in the securitization market have been able to assign almost all such risk to the homeowners who are the victims of the predatory lenders’ practices.
This article raises a fundamental policy question: is there reason to support the continuing availability of the holder-in-due-course protection for assignees of home mortgage notes in the U.S.? The answer can be approached form many perspectives, including historical, economical, and political. This article approaches the answer form the historical perspective. In order to find some new suggestions for the Korean legal regimes and relevant studies, first of all, this article reviews the legislative history of the holder-in-due-course rule and the underlying concept of negotiability under UCC. Additionally, this article analyzes the legal changes regarding the protection afforded to holders in due courses in consumer goods transactions and in estate transactions. Then, this article comes to the conclusion that the policy justifications, the parties. and the market circumstances for negotiable instruments have changes, therefore, Korea needs deeper studies on the holder-in-due-course rule to reflect the reality.
목차
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참고문헌 (16)
참고문헌 신청
Eggert, Kurt / 2002 / Held Up in Due Course: Codification and the Victory of Form Over Intent in Negotiable Instrument Law / Creighton L. Rev 35 : 363 ~
Gilmore, Grant / 1979 / Formalism and the Law of Negotiable Instruments / Creighton L. Rev 13 : 441 ~
Greenlee, Mark B. / 2008 / Reconsidering the Application of the Holder in Due Course Rule to Home Mortgage Notes
Lawrence, William H. / 1984 / The Effect of Abrogating the Holder-in-Due-Course Doctrine on the Commercialization of Innovative Consumer Products / B.U. L. Rev 64 : 325 ~
Lawrence, William H. / 2002 / Understanding Negotiable Instruments and Payment System / Lexis
Gilmore, Grant / 1979 / Formalism and the Law of Negotiable Instruments / Creighton L. Rev 13 : 441 ~
Greenlee, Mark B. / 2008 / Reconsidering the Application of the Holder in Due Course Rule to Home Mortgage Notes
Lawrence, William H. / 1984 / The Effect of Abrogating the Holder-in-Due-Course Doctrine on the Commercialization of Innovative Consumer Products / B.U. L. Rev 64 : 325 ~
Lawrence, William H. / 2002 / Understanding Negotiable Instruments and Payment System / Lexis
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