채권양도에 있어서 채무자의 상계항변

• 영문명: The Debtor's Setoff Right on Transferability of a Claim
• 발행기관: 원광대학교 법학연구소
• 저자명: 최영덕(Choi, Young-Duk)
• 간행물 정보: 『원광법학』제24권 제3호, 65~86쪽, 전체 21쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.09.30

영문 초록

Today, the transferability of a claim has been definitely established. The demand of money and an Obligatory right would be one of the reasons to admit the transferability of the claim. In a sense, a claim has no transferability in itself. However, The extension of the transferability of a claim become necessary conditions is not only considered as transferable but also acknowledged as security at present-day. The present study and a(judicial)precedent deals with the cases where the right to protest in the part of transferees is controversial. The issues about the right to protest for the transfer are examined as below in the present study. For example, the interrelationship and interpretation of Sub-Section 1 and 2 of Section 451 of the Civil Law analyzed as a general problem of the transferee's right to protest. And, the right to protest for the transfer and the legal relationship in case double transactions of a claim-including transfer with the establishment of the right of pledge on a claim, or transfer with the seizure of a claim - are examined transferees' right to protest is dealt with when he obtains a claim that is not transferable by a contract the debtor's right to protest. above all. a setoff of the debtor is also dealt with a criticism 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 purposes.

목차

Ⅰ. 서 론

Ⅱ. 채권양도에 있어서 상계항변

Ⅲ. 양수인에 대한 채무자의 상계권 확장

Ⅳ. 파산채권에 대한 채무자의 상계항변

Ⅴ. 결 론

참고문헌

Abstract

키워드

채권양도 상계권 채무자 보호 파산 파산관재인 책임재산 the transferability of a claim the right of set-off bankruptcy the debtor's right to protest a trustee in bankruptcy the property for responsibility