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The Right of Denial in the Debtor Rehabilitation Procedures

  • DONG-A LAW REVIEW
  • 2008, (42), pp.355-380
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

김기진 1

1경상대학교

Candidate

ABSTRACT

The Debtor Rehabilitation and Bankruptcy Act prescribed the right of denial of creditor to prevent flighting property by debtor. The right of denial is somewhat similar to the right of avoidance of creditor in civil act, but it has its own purpose and principle of operation. The right of denial can be exercised according to the purpose of the debtor reorganization and bankruptcy law. That purpose is debtor reorganization and fair liquidation. The targets of the right of denial have a tendency to increasing and the exercising condition is relaxed for the purpose of debtor reorganization. Transaction in family law and quasi-transaction except property transaction can be denied. Action of another person except debtor can be denied too. Sufficient reason is a negative condition for exercising the right of denial. Unfair action is a target of denial of intentional action. Action of decreasing liability property in time of crisis can be denied too.

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