시효완성된 채권추심의 민사법적 문제

Abstract

Currently, buying for a significantly low price and collecting of the debt with extinctive prescription completed has became a social problem. These debt collecting practices should be regulated in a timely manner because in these cases debtors who are of socially disadvantaged class don’t know the effect of completion of the extinctive prescription and how respond to these debt collecting practices. This article argues that the collection of debt with extinctive prescription completed can be regulated as the abuse of rights, which is prohibited in the current civil law. In these cases the actual value of protection for debt buyers may be low, and the collectors may improperly use the court system to covert dead debts to enforceable judgement. With regard to the this matter, the substantive and procedural abuse of right doctrines are applicable to these dead debt collection practices. It is also possible to apply the principle of abuse of rights on a payment order cases and some special cases of the court’s final judgement through an action for objection to execution. This article, pointing the possibility of applying the principle of abuse of rights, concedes whether the doctrine are applicable depends on the various circumstances in a specific case. The Court system can provide more flexible and finer solutions to the various debt collection cases than Legislative System, by applying the principle of abuse of rights in the ways of increasing propriety and soundness.