| Project/Area Number |
14520046
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
DOGAUCHI Hiroto The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (40155619)
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| Project Period (FY) |
2002 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥2,600,000 (Direct Cost: ¥2,600,000)
Fiscal Year 2004: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2003: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2002: ¥1,200,000 (Direct Cost: ¥1,200,000)
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| Keywords | security interests / UNIDROIT / UNCITRAL / Security Trust / Registration system / 米州間担保付取引モデル法 / アフリカ商取引統一機構 / ユニドロア / 国際条約 |
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| Research Abstract |
(1)In order to research on the UNIDROIT convention, the comparative study of other international treaties guidelines, and model laws is required. The translations of OHADA's Uniform act organizing securities and OAS's Inter-American Law on secured Transactions have been already accomplished.
(2)The private draft on the new land security law has been published. It focuses on the private enforcement of the securities, the relaxation of the conditions for ascertaining the secured debts, and the new registration system.
(3)On the law of the security interests in movables, the desirable interpretation of the new law will be published in the second edition of my textbook.
(4)The security trust should be admitted and there is no legal obstacle for adopting the trust device in its situation.
(5)The registration system relating to the security interests should be the "warning-flag" type, not for the publicity of the detailed contents of the rights.
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