초록 열기/닫기 버튼
This thesis deals with the effect on exercise of actio pauliana. It is very important to adjust every interests in the institution of actio pauliana because the institution of actio pauliana has the purpose that preserves the responsible property for all obligees and interferes in another legal acts. The relative nullity theory that majority opinions and precedents assert has fundamental questions. So for the purpose of avoiding that several theories has been evolved, but they has serious problems. Therefore if relative nullity theory is abandoned, the theory that regards the cancellation of actio pauliana as absolute nullity like cancellation of substantial law is rational in view of substance and theoretical fitness. Besides in concrete effect of actio pauliana need that must give canceling obligee right to be paid preferentially can be in existence. But because civil code article 407 regulates that all obligees are equal, suitable construction for civil code article 407 must be done. And the defendant of actio pauliana must include not only beneficiary but also rebeneficiary, too. I regard to construe like this as appropriate on the nature and the conformity of theory.
키워드열기/닫기 버튼
actio pauliana, relative nullity theory, absolute nullity like cancellation of substantial law, defendant of actio pauliana.
