指名債權의 二重讓渡의 效力

Abstract

The transfer of an obligation with a named obligee has been effected by mutual consent with an obligee and a grantee, it is harmful for a debtor and third party. For solving this problem, it is provided that opposition provision in our civil law but it make another trouble, the double transfer of an obligation with a named obligee is sanctioned under the existing provisions. In case of the double transfer of an obligation with a named obligee, which transfer is prior to? There are two criterions in this case, one is who make notice with a fixed date in advance, the other is whose notice with a fixed date arrives in advance. I think that criterion whose notice with a fixed date arrives abovr all notice