보험환급금청구권의 압류

초록

The creditor may apply for compulsory enforcement, if an obligor does not carry out a debt. When the obligor has the cash surrender value claim, a creditor will apply for the attachment to it as property which the obligor has. By the way, in compulsory enforcement aiming at this claim, there were the following problems theoretically. The first problem is the possibility of such attachment. If such attachment is possible, it is the second problem whether the creditor can cancel an insurance contract. This study reexamines the problem of the attachment relation to the cash surrender value claim, etc. It referred to the laws of Japan which had big influence about the problem especially. First, this study considered the judicial precedent of both countries, and the interpretation of the theory, next described the suitable enforcement method to the cash surrender value claim. Against a creditor's enforcement application, it is necessary to take care of an obligor. The methods include two. They are restricting attachment and permitting an obligor intervention. The conclusion of this study is enabling it to choose one as an obligor in those two.

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