Earticle

초록

영어

Uniquely, it is said that a setoff is a device under Civil Code, designed to use the judicial system efficiently, to remove the inconvenience and to spare the expenses of the parties. In other words, a setoff right is, provided in Civil Code, is the typical authority that contribute to such a following
purposes.
A setoff enjoys the benefits of a secured claim under the Civil Code, but it is more than that. First, a right of setoff is a remedy that has long been recognized and enforced in the commercial world at large, as well as under every one of the nation's bankruptcy acts, in part as a matter of essential fairness, but more importantly in recognition of the right as part of the bundle of substantive rights that may comprise a creditor's claim. Second, recognizing and preserving rights of setoff is thought to lesson the likelihood of a debtor's filing for bankruptcy relief in the first place, thus promoting the policy of bankruptcy avoidance.
Broad interpretation of a setoff determines how much of creditor's claim involving a setoff right should be afforded status as a secured claim : an allowed claim subject to setoff is a secured claim to the extent of the amount subject to setoff, and is an unsecured claim to the extent that the value of the amount so subject to setoff is less than the amount of such allowed claim(11 U.S.C. 506). Like that Code, a creditor in Korea also should assert that a setoff should be treated like any other secured claim in Civil Code.

목차

Ⅰ. 서론
 Ⅱ. 상계권과 상계채권의 범위
  1. 상계권
  2. 상계에서 반대채권의 범위
  3. 수동채권의 범위
 Ⅲ. 타인채권에 의한 상계권
  1. 타인(제3자)채권의 의미
  2. 연대채무자의 채권에 의한 상계
  3. 주채무자의 채권에 의한 상계
  4. 소결
 Ⅳ. 타인에 대한 채권에 의한 상계
  1. 타인에 대한 채권의 의미
  2. 연대채무자간의 관계와 상계권의 이전
  3. 보증인 채권의 주채무자로의 이전에 의한 상계
  4. 소결
 Ⅴ. 결론
 참고문헌
 

키워드

저자

• 최영덕 [ Choi, Young-Duk | 충남대학교 ․ 공주대학교 강사, 법학박사 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  원광법학 [Journal of Law research]

• 간기

  계간

• pISSN

  1598-429X

• eISSN

  2508-4526

• 수록기간

  1962~2025

• 등재여부

  KCI 등재

• 십진분류

  KDC 360 DDC 340