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A Consideration on the Right of Conservation in a Injunctive Litigation and the Need for Injunctive Conservation

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2019, 7(4), pp.259-284
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Published : November 30, 2019

won, sang-chul 1

1용인송담대학교

Candidate

ABSTRACT

A claim on property may be seized only if it is a monetary claim or a claim convertible into money. To apply for seizure, any person must have a claim over the debtor. The right to seize shall be a right suitable for enforcement. An injunction of disputes must have the right to request performance of a particular object. The injunction of disputes must have a claim. The right to disposition of a dispute over the merit is to be protected by civil proceedings and should be a right suitable for enforcement. The injunction of the dispute should be about the phenomenon of the dispute. There must be a rights relationship in the provisional disposition of provisional status. The provisional disposition of provisional status must be contested in the rights of relationship. The injunction of disputes is permitted when the status quo changes so that the rights of either party may not be exercised or that the execution may be markedly difficult. Under what circumstances should a conservation application be rejected or canceled because there is no need for conservation disposal? This study examines these key issues that emerged in practice in conservation litigation.

Citation status

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