Earticle

초록

영어

The revised Korean Trust Act shall be in force from 25. July 2012. It is aimed to keep pace with the practical needs and demands of participants in trust transaction. The existing trust act has been often criticized as being outdated and inadequate for resolving many legal and practical issues currently faced in the areas of trust law. The revised act shows that the avoidance of fraudulent trusts should be dealt with differently from the traditional avoidance of fraudulent conveyance both in respect of the avoidance of the acquisition of the trust property by the trustee and the acquisition of benefits by the beneficiaries. This article analyses the pertinent interests of the participants, who are involved in trust transaction and opposes to the attitude of the revised act with the alternative, that the avoidance of fraudulent trust should be resettled according to the various forms and characters of fraudulent transaction. It explains also in relation to bankruptcy avoidance how this should be in accordance with the avoidance of fraudulent trust in the revised trust act.

목차

Ⅰ 들어가며
 Ⅱ 현행법상 사해행위취소 제도
 Ⅲ 개정신탁법상 사해신탁의 내용 검토
 Ⅳ 채무자회생 및 파산에 관한 법률과의 관계
 Ⅴ 마치며
 참고문헌
 Abstract

키워드

저자

• 김용진 [ 충남대학교 법학전문대학원 교수 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  회생법학 [Korean Law Review for Rehabilitation and Bankruptcy]

• 간기

  반년간

• pISSN

  2093-6923

• 수록기간

  2010~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340