企業回生節次上 保全處分과 執行停止 등에 관한 小考

Abstract

It is decision of the court, after a petition of corporate reorganization, filled in order to prevent risk elements, the enforcement against the debtor or property of estate in good condition. In corporation reorganization, stay of execution form can be categorized into an individual stop of execution and comprehensive stay of execution. The reason why stay of execution has the meaning in corporate reorganization procedures is that the property of the debtor has large meaning in this procedures. In § 43, we can see other maintenance disposal as a one step to keep the property of a debtor in good condition in stay of execution procedures. This is a step to stop decrease of debtor's property by an individual movement of party in interest, In this part, I will study the requirements, procedures, effects and a permanent trustee. Other procedures can be stopped by § 43. It is a system to let different procedures to stop in order to maintain the property of a debtor. In this part, I will study the requirements, procedures and the other procedures can be stopped. The object of comprehensive execution is in § 44. Related to this, I will study and compare automatic stay of America and prohibition of comprehensive execution of Germany. Additionally, we will also study the strict requirements of our comprehensive execution system.