A study on basic theories of surety contract : In comparison with French law
| Project/Area Number |
20730063
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Shiga University |
|---|
Principal Investigator |
NOTO Makiko Shiga University, 経済学部, 准教授 (60378429)
|
|---|
| Project Period (FY) |
2008 – 2010
|
| Project Status |
Completed (Fiscal Year 2010)
|
| Budget Amount *help |
¥2,730,000 (Direct Cost: ¥2,100,000、Indirect Cost: ¥630,000)
Fiscal Year 2010: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2009: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2008: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
|
|---|
| Keywords | 保証人 / 保証契約 / フランス / 民事法学 |
|---|
| Research Abstract |
Many countries have faced the problem that personal surety tend to undertake excessive surety obligation and may go into bankruptcy. The problem has been aggravated by the development of the society. Although the fundamental structure of the suretyship system is common, different jurisdictions in Europe and Japan operate different models with different priorities. In Japan, we have solved the problem by applying the principle of freedom of contract. However, we should consider at least the disparity of bargaining power and information asymmetry between professional creditor and personal surety. Consequently, we should deepen our consideration of introducing new surety protection regulations designed with that in mind.
|
Report
(4 results)
Research Products
(9 results)
