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The comparative study of the action oblique and the action paulienne in french and korean law

SUNG Duk Keun

Directeur de thèse : Yves-Marie Serinet

Description of the doctoral dissertation

The origins of the articles of the ‘Action oblique (art.404 of the korean civil code)’ and ‘Action paulienne (art.406 of the korean civil code)’ relate to the French civil code (art.1166, 1167). Their roles are to protect a credit of the crediter. But there are some differences in the interpretations and the applications between two countries. In France, the creditor exercises the action oblique under the name of his debtor. On the contrary, in Korea, the creditor exercises with his own name. Besides, there is a unique article in the korean civil code about the notification of the creditor when he exercises the action oblique (art.405 of the korean civil code). In the case of the action paulienne, we can find the various opinions about its legal nature and its fraud in France and Korea. As for its effects, in the french civil code, it helps the only creditor who exercised the action paulienne, but in the korean civil code, it helps all the creditors of the debtor by the article 407.