| Project/Area Number |
14520047
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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 | Hitotsubashi University Graduate School of Law |
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Principal Investigator |
UEHARA Toshio Hitotsubashi University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (30114937)
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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 |
¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2004: ¥200,000 (Direct Cost: ¥200,000)
Fiscal Year 2003: ¥300,000 (Direct Cost: ¥300,000)
Fiscal Year 2002: ¥500,000 (Direct Cost: ¥500,000)
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| Keywords | execution / discovery of properties / security rights / subrogation / mortgage / seizure of rent of mortgaged real estate / open house in foreclosure sale / civil contempt / 倒産処理 / 執行抗告 / 転付命令 |
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| Research Abstract |
The purpose of this research is to find effective theories in a crossfield between substantive law (civil law) and procedural law (laws of execution and insolvency) and to contribute to reform of laws now going in this area. As the method of research I have collected many documents and carried out hearing of some lawyers. This report summarizes mainly theoretical analysis of this research.
Chapter 1 and 2 analyze two recent Jugements by the supreme court. Chapter 1treats problem of the effect of seizure and transfer of pecuniary compensation as a subrogate of mortgaged real estate. Chapter 2 is as to problem of the way of appeal from foreclosure sale. These two problems are not solved by reformed laws. Chapter 3 is comments on 19 recent judgments by the supreme court in the field of law of Execution.
Chapter 4 and 5 analyze reformed civil law, law of execution and other related laws. In this reform working I have took part in the advisory board as an expert lawyer and professor. Chapter 6 examines is about protection of small crediotors in execution. This is one of important reforms in the law of execution, but the reformed law is not perfect and needs to discuss for implementation.
I plan to publish articles about security rights in the new insolvency laws in the near future.
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