상계로써 압류채권자에게 대항할 수 있는 채권의 범위

Title
상계로써 압류채권자에게 대항할 수 있는 채권의 범위
Other Titles
The Range of Obligations that Resist to An Execution Creditor as The Set-Off
Author(s)
배성호
Keywords
Set-off; Seizure; Active obligation; Passive obligation; Theory of restriction; Theory of unrestricted; 상계; 압류; 수동채권; 제한설; 무제한설
Issue Date
201006
Publisher
한국부패학회
Citation
한국부패학회보, v.15, no.2, pp.113 - 126
Abstract
Between the creditor, who took the set-off actions, and another creditor, who has same debtor, Prioritizing the range of legal status or how they decide the content of those range is problem; especially, When there is another creditor who seizes the obligation of the original creditor (passive obligation). Setting the regulations on the legal action between execution creditor and the creditor, who took the set-off actions, is when the problem concretes the shape of the set-off and seizure. These are the main problems of "The range of obligations that resist to an execution creditor as the set-off."If there is a 3rd person with opposite obligation on the debtor, before the seizure takes actions, that person expect to settle the obligation as the set-off, and those expectation should be protected by under range of due process law. Even though it is time of seizure, the 3rd debtor also expect to take the set-off actions, when the set-off period comes. In conclusion, the court takes appropriate measures.
URI
http://hdl.handle.net/YU.REPOSITORY/22248
ISSN
1226-7597
Appears in Collections:
법학전문대학원 > 법학전문대학원 > Articles
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