| Project/Area Number |
20730071
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Kyushu University |
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Principal Investigator |
HARA Megumi Kyushu University, 法学研究院, 准教授 (60452801)
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| Project Period (FY) |
2008 – 2010
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| Project Status |
Completed (Fiscal Year 2010)
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| Budget Amount *help |
¥3,510,000 (Direct Cost: ¥2,700,000、Indirect Cost: ¥810,000)
Fiscal Year 2010: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2009: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2008: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
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| Keywords | 財産管理 / 財産隔離 / 信託 / 集合物 / フランス民法典 / 権利 / 権利客体論 |
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| Research Abstract |
This research focuses on the notion of patrimony and its role in civil law system. The notion of patrimony indicates all of the positive and negative assets that a person holds. 19th century French scholars, Aubry and Rau theorized the notion. Since then, the theory has had strong significance in French law and is thought as one of the fundamental legal concepts. Firstly, this research viewed the notion from general perspective, that is, in regards to the superordinate concept of "universalite". Secondly, this research focused on one of the most important institution that derives from patrimony, fiducie. Fiducie was inserted in French Civil Code in 2007 to fill in the lack of Anglo-American trust in France. The characteristic of fiducie is that it creates patrimony by appropriation, patrimoine d'affectation. This research will put in a new light to the general understanding of "person" and "asset" in Japanese civil law system.
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