도산절차상 부인의 대상과 효과

• 영문명: Avoidance's Object and Effect of Bankruptcy Procedures
• 발행기관: 충북대학교 법학연구소
• 저자명: 김건호(Kim, Keun-Ho)
• 간행물 정보: 『법학연구』第21卷 第1號 (2010), 1~33쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2010.04.30

영문 초록

Excessive expansion of avoidance power can threaten the stability of commercial transactions. There is a need to guarantee transactional safety by clearly defining what actions constitute avoidance. Under Bankruptcy Act, avoidance can be classified as avoidance of fraudulent conveyance, avoidance of preferential payments, and avoidance without compensation depending on the debtor’s actions, bankruptcy case particulars, and the period in question. Generally, any activity that is the object of avoidance have harmful and unfair and should be performed by the debtor. There is some controversy over the issue of harm related to the sale of real estate assets at an appropriate price and repayment of original claims, borrowed funds, lien holders, and payment in substitutes, as some argue that the aforementioned cases do not qualify for avoidance under Bankruptcy Act. Exercise of avoidance power results to lose effect in relation with bankruptcy foundation. And bankruptcy foundation recover to the previous state of reparation and partner's status recover original status.

목차

Ⅰ. 머리말

Ⅱ. 부인의 대상

Ⅲ. 부인의 효과

Ⅳ. 결론

키워드

부인권 도산절차 고의부인 위기부인 무상부인 avoidance power bankruptcy procedures avoidance of fraudulent conveyance avoidance of preferential payments avoidance without compensation