Theoretical concern of real right acts and claim acts in real estate deal of Japan and Germany
| Project/Area Number |
20730078
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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 | Waseda University |
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Principal Investigator |
OBA Hiroyuki Waseda University, 法学学術院, 准教授 (10386534)
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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 |
¥1,820,000 (Direct Cost: ¥1,400,000、Indirect Cost: ¥420,000)
Fiscal Year 2010: ¥260,000 (Direct Cost: ¥200,000、Indirect Cost: ¥60,000)
Fiscal Year 2009: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2008: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
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| Keywords | 民法 / ドイツ法 / 物権法 / 債権法 / 契約法 / 不動産法 / 物権行為論 / 物権債権峻別論 |
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| Research Abstract |
In this study, chiefly after keeping the scene of the real estate deal in mind, the doubt was thrown on the understood judicial precedent and the opinion of the common opinion of our country, that the effect of the real right change is generated immediately based on the bargain that is the claim act, it was examined that the possibility of discussing an original meaning of the real right act and the necessity existed in our country, while making a German law an object of comparison.
As a result, it turned out that the opinion thought to generate the effect of the real right change besides the bargain that is the claim act, at the time of the real right act performed at the time of the payment of the price etc., includes a still persuasive point in our country, on the other hand, the opinion of denying the existence of the real right act concept oppositely exists in Germany.
These facts can be evaluated that the chance to turn skeptic eyes to the theory of sharp distinction of the real right and the claim in our country that has been approved as a matter of course is given, at the same time as clarifying that the possibility of still examining the suitability of the existence about the real right act concept has been left.
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Report
(4 results)
Research Products
(7 results)
