民法 第406條 原狀回復의 方法으로서의 價額賠償에 관한 一考察

Creditor’s right of revocation is a system that a creditor intervenes legal act of a debtor for the purpose of ensuring his own right effectively and that he would deny debtor’s act of fraudulence and attempt to recover the property of his duty. In my opinion when there is a conflict as to who is worthier to be protected, the beneficiary. or the prior holder of property should be protected more. This is because the creditor has the responsibility for not using the opportunity to protect his right by creating a real right for security by paying a procedure for a preservative measure before debtor’s fraudulent act whereas the beneficiary acquired the ownership or a real right for security by paying consideration through legal act with the debtor in reliance on the public notice. Creditor's right of revocation is a system that revokes undue legal act of debtor and recovers the debtor's property, when the debtor deviated it by unduly disposing of it. Although the system of creditor's right of revocation is very useful to the creditor in that it secures and maintains the property for which the creditor is responsible, on the other hand, it is very disadvantageous for the debtor and the third party that trades with the debtor.