| Project/Area Number |
12620052
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | HIROSHIMA UNIVERSITY |
|---|
Principal Investigator |
TORIYABE Shigeru Hiroshima University, Faculty of Law, Professor, 法学部, 教授 (20155609)
|
|---|
| Project Period (FY) |
2000 – 2001
|
| Project Status |
Completed (Fiscal Year 2001)
|
| Budget Amount *help |
¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 2001: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2000: ¥1,000,000 (Direct Cost: ¥1,000,000)
|
|---|
| Keywords | mortgage / loan agreement / right to rents / periodic tenancy / set-off / foreclosure / atypical mortgage / securitization / 金融担保制度 / 物上代位 / ドイツ銀行普通取引約款 / 抵当権設定契約証書 / 抵当権の物上代位 / 相殺の抗弁権 |
|---|
| Research Abstract |
This study aims at the reconstruction of financial securitiy' s system in civil law, that is based on justice and impartiality after collapse of bubble economy. Chapter 1. showed an outline and problems of mortgage, that shall be revised. Chapter2. have clarified characteristics and problems in Japanese financial securities by the comparative research with german law. Chapter 3. explained four judicial precedents, that mortgage and other securities were competed. I have there suggested concrete standerds, that is based on justice and impartiality. In chapter 4. were expressed my opinion and proposal, mainly the effect of mortgage to fruits on the hypothecated immovable. Chapter 5. have dealed with the method of study about atypical securities. I have there criticized former theory, and presented new legal construction. Chapter 6. have introduced current securitization's-systems of real properties and assets, and considered these significances and issues.
|
