破産法上 否認權 要件에 대한 몇가지 檢討 - 裁判例를 中心으로

• 영문명: Some issues of the Avoiding power in the Bankruptcy Law
• 발행기관: 중앙대학교 법학연구원
• 저자명: 田炳西(Byung Seo Chon)
• 간행물 정보: 『법학논문집』법학논문집 제25집 제2호, 33~51쪽, 전체 19쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2001.08.01

영문 초록

  Facing an adjudication of bankruptcy, one may sell property which will be on the verge of bankruptcy at a reduced price. Where a creditor becomes aware of a debtor"s bankruptcy, he requires obstinately security or payment to cover and collect credits. Generally a debtor may give payment to acquaintance with him. The liability for the debt is decreased because these conducts inflict injury upon equity among creditors. For this reason, there needs a system for fair dividend among the creditors as the payment"s effect is individually denied and property deviated from bankruptcy procedure is returned for liquidation. That is a right of denial and cause legal change so called recovery of bankruptcy for liquidation.   In bankruptcy, the right of denial has been left unsettled in studies but also has been employed little in practice. After IMF measure, the bankruptcy has appeared frequently and it soon becomes subject of concerns. This studies focuses on some issues of the right of denial in bankruptcy which is appear in the series of low courts decisions.

목차

Ⅰ. 들어가며
Ⅱ. 否認權의 基本的 理解
Ⅲ. 故意否認(64조 1호)에서 문제되는 경우
Ⅳ. 危機否認(64조 2호ㆍ3호ㆍ4호)에서 문제되는 경우
Ⅴ. 無償否認(64조 5호)에서 문제되는 경우
Ⅵ. 마치며
〈ABSTRACT〉