As the economic condition has become worse after IMF financial crisis in 1997, the avoidance of debt repayment has been growing due to the increase in default of an obligation. Accordingly, realistic plans for the protection and the rally of credit creditors are necessary. One of them is the system of creditor revocation.
The right of creditor revocation means that debtors return to the original property by debtors revoking the legal action and taking a legal action on a purpose of decreasing responsible property action, debtor knowing it is harmful to creditors. That is to say, the system of creditor revocation right is to protect the responsible property by canceling the legal action and recovering the debtor's lost property.
However, the system of creditor revocation right is to withdraw the shared mortgage or responsible property by denying the effect of debtors' action that was available before, so it has a tremendous effect on the debtor or the third person.
Therefore, it is necessary to appropriately adjust the creditor's credit protection, the disposition property freedom of creditors, the interest of creditors and the third person and transaction safety by comparing each other, when applying the system of creditor revocation right.
On the hand, only Article 406 and 407 are provided in the Korean civil law, when it comes to the system of creditor revocation right and the provisions are too much simple and they are mainly based on theories and precedent; therefore, various theories led to losing unity, which has theoretical contradiction.
Thus, this dissertation has been aimed at establishing the theoretical systematization in the righteous way by synthetically examining the features, requisites and effects based on theories and precedent.
The methods of study is to analyze, research existing theories and precedent of foreign countries and based on them the problems of legal interpretation and precedent have been organized.
The dissertation has been processed in this range as follows.
In the introduction of chapter 1, the purpose, range and method have been stated.
Chapter 2 has researched the significance and legal background of creditor revocation right and the theories about the essence of creditor revocation right and then Korean common view, precedent view and foreign legislative examples.
Chapter 3 has examined the objective and subjective requisite of creditor revocation right and constitution essentials.
Chapter 4 has studied the methods of exerting creditor revocation right and the person directly involved in revocation suit, the range of revocation and the method of restitution and then has researched matters related to exertion and exclusion period.
In chapter 5, the effect of creditor revocation right, that is the legal characteristics of Article 407 in the civil law, has been examined and relative nullity and legalistic relation, which are Korean common theories and precedent view, have been analyzed. Also, it has researched the legal meaning of egalitarianism in Article 407, the civil law and its effect on each person directly concerned and finally the problems of creditor revocation right effect and the solution.
Lastly, the chapter 6 has suggested the most appropriate conclusion by synthetically comparing and examining the results summarized previously and ended up studying.