채무자의 채무승인이 소멸시효에 미치는 영향에 대한 연구

A Study on Debtor’s Acknowledgement in the Prescription Law

The Acknowledgement is a distinct recognition of an obligation for which the person making the admission is currently liable. Protection be granted to the creditor who may rely on the debtor’s acknowledgement and refrain from instituting an action. The Acknowledgement restarts the statute of limitations. The Acknowledgement make different legal effect according to that time(interruption before expiration, waiver after expiration). It doesn’t need the recognition about expiration for the effect of acknowledgement. The legal doctrine about legal capacity and declaration of will must be applied because of importance of acknowledgement. The effect of interruption is not granted to a preliminary plea of set-off in that debtor repudiate an obligation. Interruption is granted to criminal deposit in that debtor doesn’t repudiate an civil obligation. The effect of interruption come into force at the time of arrival of notice. The effect of interruption come into force at the next day of account transfer because consignee can refer account at any time through internet banking.