채권자 취소권의 법적성질

Abstract

Creditors can contest dispositions including transfers by the debtors under certain circumstances. This paper refers to the arguments in Korea, Germany, France and Japan about the nature of the creditors' right to contest and the effect of the contestation. It is the very substantial point that the protection of the creditors should be balanced with the protection of the safe transaction and the third parties' interests. The first author has the different opinion from the second author's position that the opinion of majority and precedent in Korea should be followed. It is the first author' argument that the opinion of majority and precedent has many logical defects. His point is that the opinion of majority and precedent should be abandoned and the new way to balancing the protection of the creditors and of the safe transaction and the third parties' interests under the present enforcement law system of Korea.