재산분할청구권 보전을 위한 사해행위취소권의 요건에 관한 연구

A Study on the Conditions of the Right of Revoking Obligee’s Acts for Preservation of the Right of Matrimonial Property Distribution

The National Assembly passed the bill about the right of revoking obligee’s acts for preservation of the right of matrimonial property distribution and the bill was coming into effect on 2007. 12. 21. The new clause contains new system that if a party of man and wife will dispose of his or her property, the other party will exercise her or his right of revocation of obligee’s acts. This clause is good for one party who have the right of marital property distribution. But to exercise the right several conditions are required. First, to exercise the right of revoking obligee’s acts he or she has the right of matrimonial property distribution when the other party dispose his or her property that should be divided. But the right of matrimonial property distribution comes into existence when they get a divorce. So this clause has to prescribe the relationship between divorce and the right of matrimonial property distribution. Second, to exercise the right of revoking obligee’s acts the obligee does not have enough property to discharge his or her liabilities. To measure he or she has enough property or not, he or she and the court have some information about marital property. And the rate of distribution is decided by the man and wife or by the court or by the law. But there is no rule about decision of the rate of distribution. Third, to exercise the right of revoking obligee’s acts the obligee and beneficiary have the intention of injuring the rights or interests of the other party of man and wife. But if he or she has not the intention about injury, when a party dispose his or her property, the other party can not revoke the acts of a party. The right of revoking obligee’s acts for preservation of the right of matrimonial property distribution is very important in actual affairs. But it can properly work when another clauses about marital property system are passed in the future. I expect that the bill of marital property system will pass in 18th national assembly.