KJCKorea
Journal Central

@article{ART001934477},
author={TAEKWAN KIM},
title={Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2014},
number={65},
pages={205-235}

TY - JOUR
AU - TAEKWAN KIM
TI - Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -
JO - DONG-A LAW REVIEW
PY - 2014
VL - null
IS - 65
PB - The Institute for Legal Studies Dong-A University
SP - 205
EP - 235
SN - 1225-3405
AB - As a general rule on the scope of the person who uses Extinctive Prescription, the Supreme Court, presents the criteria of “person who receives a direct benefit from Extinctive Prescription”. people who provide their possessions as collateral has a physical burden if you have to abide the execution of the security interest against creditors and If the secured claim has been extinguished by prescription, so he will be able to recover the ownership by the exercise of real rights. Therefore, it must acknowledge the right to insist on Extinctive Prescription that is independent of the debtor to the real guarantee. If the suspension of prescription occurs in the debtor, will the real guarantee be able to deny the suspension of prescription of the debtor and claime the statute of suspension? It is reasonable to interpret as a basis the Civil Code Article 440, that collateral rights has not been extinguished by prescription. And, I wonder admit the suspension of prescription against real guarantee people? Because real guarantee are those who can use Extinctive Prescription, the range of suspension of prescription also is matched with the range of use of Extinctive Prescription.
KW - Extinctive Prescription;real guarantee;security interest;suspension of prescription;use of Extinctive Prescription
DO -
UR -
ER -

TAEKWAN KIM. (2014). Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -. DONG-A LAW REVIEW, 65, 205-235.

TAEKWAN KIM. 2014, "Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -", DONG-A LAW REVIEW, no.65, pp.205-235.

TAEKWAN KIM "Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -" DONG-A LAW REVIEW 65 pp.205-235 (2014) : 205.

TAEKWAN KIM. Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -. 2014; 65 : 205-235.

TAEKWAN KIM. "Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -" DONG-A LAW REVIEW no.65(2014) : 205-235.

TAEKWAN KIM. Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -. DONG-A LAW REVIEW, 65, 205-235.

TAEKWAN KIM. Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -. DONG-A LAW REVIEW. 2014; 65 205-235.

TAEKWAN KIM. Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -. 2014; 65 : 205-235.

TAEKWAN KIM. "Use and suspension of Extinctive Prescription - Focusing on the people who provide their possessions as collateral for the debt of others -" DONG-A LAW REVIEW no.65(2014) : 205-235.