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학술저널

책임재산 보전을 위한 채권자취소권

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The right to avoid of the Obligee is to be achieved an aim of the active debt to keep up a obligor’s responsible property. Namely, the final reservation to maintain a invalidation of the active debt is to be sustained the responsible property that the obligor possess, and than, in case of the obligor is missing his paymant ability to be purposely decreased this responsible property by a action of law, the obligee cancel the action of law in a fixed necessary and find out the property been concealed by him, and is the right that released repeat to the obligor. The right to avoid of the Obligee is a system that take care originally of the obligor. But, if we emphasizes too haed this face, for a certain reason to be resulted in obstruct the management of property or the economic restoration and harm the safety of traide, the effect came up to the obligor or the third person very enlarge. Also in case the obligee is many, if the obligor do the payment to an any of the obligee, among the obligees is opposed to affect his interests. For this, the paper would do to be searched “what is the legal character of the actio Pauliana?”, and “a range of deceitful act” or “do the revocable obligee have the confidential position?” etc.

Ⅰ. 처음에

Ⅱ. 채권자취소권의 일반론

Ⅲ. 채권자취소권의 성립요건

Ⅳ. 채권자취소권행사의 효과

Ⅴ. 맺는 말

【參考文獻】

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