| Project/Area Number |
01520019
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Tohoku University |
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Principal Investigator |
HAYASHIYA Reiji Tohoku Univ., Law Fac., Prof., 法学部, 教授 (90004168)
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| Co-Investigator(Kenkyū-buntansha) |
SANJO Hideo Tohokugakuin Univ., Liberal Arts Fac., Associate Prof., 教養部, 助教授 (80196336)
YAMAMOTO Kazuhiko Tohoku Univ., Law Fac., Associate Prof., 法学部, 助教授 (40174784)
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| Project Period (FY) |
1989 – 1991
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| Project Status |
Completed (Fiscal Year 1991)
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| Budget Amount *help |
¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 1991: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1990: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1989: ¥900,000 (Direct Cost: ¥900,000)
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| Keywords | Judicial Sale / Execution / Research on Actual Condition / The Law of Civil Execution / Foreclosure / Execution Lien / Land Register |
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| Research Abstract |
Our research on the actual condition of judicial sale cases comes to following conclusions.
1)The judicial sale system involving procedure of selling hypothecated real estate and execution established in 1980, generally works well, except it is apt to take a long time compared to a private sale.
2)The system is now a days often used when consumer defaults in his payments of a consumer-finance or a house-loan. In the cases the creditor is either credit card company or guaranty company. Before 1980 it had already been reported that the judicial sale system was used by finance companies who had credited smaller enterprises.
3)The application of the system differs among the district courts, and the differentiation reflects social and economical characters of each districts.
4)If one looks at the land register, it can be noticed that most of the real estates sold by this procedure have been resold privately soon after the judicial sale. This fact suggests us that the real estates are mostly acquired by estate agents. In Tokyo and in Sendai, this tendency is accurate, while in Fukusima and in Aomori we cannot ignore the existence of applicants who will acquire the real estates for self-use.
5)Also in the case of voluntary dismissal, the hypothecated real estate has been sold just before the dismissal in Tokyo and in Sendai. But in Fukusima and in Aomori, the reason of a dismissal is not that the real estate could be sold privately at higher price and more quickly but that the creditors do not see any chance for sale of the real estate.
6)In almost all cases the execution procedure demanded by a general creditor was finished by the voluntary dismissal. Although we have supposed that the procedure is "putting pressure upon the debtor", without forcing him to sell his real estate, data show us that half of the real estates have been sold just after the dismissal.
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