자동채권의 유형에 따른 상계권의 확장

• 영문명: The Expansion of a Setoff Right according to the Type of Claims
• 발행기관: 원광대학교 법학연구소
• 저자명: 최영덕(Choi, Young-Duk)
• 간행물 정보: 『원광법학』제23권 제3호, 35~65쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.30

영문 초록

Uniquely, it is said that a setoff is a device under Civil Code, designed to use the judicial system efficiently, to remove the inconvenience and to spare the expenses of the parties. In other words, a setoff right is, provided in Civil Code, is the typical authority that contribute to such a following purposes. A setoff enjoys the benefits of a secured claim under the Civil Code, but it is more than that. First, a right of setoff is a remedy that has long been recognized and enforced in the commercial world at large, as well as under every one of the nation's bankruptcy acts, in part as a matter of essential fairness, but more importantly in recognition of the right as part of the bundle of substantive rights that may comprise a creditor's claim. Second, recognizing and preserving rights of setoff is thought to lesson the likelihood of a debtor's filing for bankruptcy relief in the first place, thus promoting the policy of bankruptcy avoidance. Broad interpretation of a setoff determines how much of creditor's claim involving a setoff right should be afforded status as a secured claim : an allowed claim subject to setoff is a secured claim to the extent of the amount subject to setoff, and is an unsecured claim to the extent that the value of the amount so subject to setoff is less than the amount of such allowed claim(11 U.S.C. 506). Like that Code, a creditor in Korea also should assert that a setoff should be treated like any other secured claim in Civil Code.

목차

Ⅰ. 서 론

Ⅱ. 상계권과 상계채권의 범위

Ⅲ. 타인채권에 의한 상계권

Ⅳ. 타인에 대한 채권에 의한 상계권

Ⅴ. 결 론

참고문헌

Abstract

키워드

상계 자동채권 연대채무 보증채무 Setoff an Obligatory right a Joint obligation a Surety obligations