일본 신파산법의 사해행위와 편파행위의 부인에 관한 연구

• 발행기관: 한국민사소송법학회
• 저자명: 임채웅
• 간행물 정보: 『민사소송』제10권 제1호, 357~382쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.05.30

영문 초록

The laws and legal practice of Japan on bankruptcy have had big effect on those of Korea. Because of it, the amendment of Japanese bankruptcy law is very meaningful to us. This dissertation deals with what has been changed on the bankrupcy avoidance in new Japanese bankruptcy law. The old Japanese bankruptcy law divided the avoidance into three as avoid-ance of intentionally fraudulent act, transfer in crisis, no compensation transfer. Under the old law, the payment to the agreement could be avoided when it im-plied fraudulent or was done in crisis, even though the law didn t say so explicitly. The new law has changed a lot in shape rather than the contents. It divides avoidance into two as fraudulent transfer and preference, which is same to the U.S. bankruptcy code. And the payment to the agreement could be avoided only to the part, which is over the liability. The new Korean bankruptcy law has been enacted this year. But, the new Korean law has had no change on the avoidance. The Japanese change on it is full of suggestion to Korea. When we have a chance to amend Korean law, it is recommended to adopt the new system on the bankruptcy avoidance.

목차

Ⅰ. 들어가는 말

Ⅱ. 槪要

Ⅲ. 詐害行爲(160조, 161조)

Ⅳ. 偏頗行爲(162조)

Ⅴ. 결론에 갈음하여：신법이 우리에게 주는 시사점

참고문헌

키워드

파산 일본파산법 사해행위 편파행위 부인 본지변제 고의부인 위기부인 무상부인 bankruptcy Japanese Bankruptcy Law fraudulent transfer preference avoidance payment to the agreement avoidance of intentionally fraudulent transfer avoidance of transfer in crisis avoidance of no compensation transfer