도산격리의 연구

• 발행기관: 한국민사소송법학회
• 저자명: 임채웅
• 간행물 정보: 『민사소송』제12권 제1호, 422~463쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.05.30

영문 초록

The “bankruptcy remoteness” is a very new concept to Korea. It came from the States. It is introduced mainly through ABS and true sale. The Korean “ASSET-BACKED SECURITIZATION ACT” was legislated in 2005. The act has a regulation on true sale. Some essays say that ABS is made bankruptcy remote through true sale. This essay touches some issues on bankruptcy remoteness in Korea. First, it tries to define what the bankruptcy remoteness is and how it works. It finds that bankrupcy remoteness consists of two aspects. The one thing is to avoid the risk of being avoided. The other thing is to avoid the risk of being treated as security rather than true sale. This essay comes to the conclusion that it is not necessary to use “bankruptcy remoteness” only to ABS and that “true sale” in Korean ABS act cannot make perfect bankruptcy remoteness, contrary to some other essays conclusion. This essay analyses some methods to bring the bankruptcy remoteness effect. Those are ① true sale in Korean ABS act, ② trust, ③ ipso facto clause, ④ bankuptcy exemption. I d like to suggest that trust is the most effective method for bankruptcy remoteness in Korea till now.

목차

Ⅰ. 들어가는 말

Ⅱ. ‘도산격리’의 의미

Ⅲ. 자산유동화와 관련된 진정매매(true sale)

Ⅳ. 신탁을 이용하는 방법

Ⅴ. 도산해지조항의 이용

Ⅵ. 면제재산과 관련된 사항

Ⅶ. 도산격리방안의 종합적 검토

Ⅷ. 맺는말

참고문헌

키워드

도산 파산, 회사갱생 도산격리 도산절연 자산유동화 진정매매 신탁 도산해지조항 부인권 (파산)면제 bankruptcy reorganization bankruptcy remoteness asset-backed securization true sale trust inso facto clause avoiding power exemption