A study on the triangular set-off
| Project/Area Number |
21730094
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Toyo University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2009 – 2011
|
| Project Status |
Completed (Fiscal Year 2011)
|
| Budget Amount *help |
¥2,600,000 (Direct Cost: ¥2,000,000、Indirect Cost: ¥600,000)
Fiscal Year 2011: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000)
Fiscal Year 2010: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2009: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
|
|---|
| Keywords | 相殺 / 相殺契約 / 三者間相殺 / 多数当事者間相殺 / 債権法改正 / 決済 / ネッティング / 民事法学 / 多数当事者間の相殺 / 牽連性 / 債権の消滅 |
|---|
| Research Abstract |
This research shows that, in Japanese civil code, the set-off may occur not only between two parties but also among three parties. Furthermore, by referring French theory, this research shows that the set-off among more than three parties, the so-called multilateral set-off, can also be valid as "set-off" in Japan. The set-off achieves a settlement with facility by only paying the difference, because, even if it is triangular or multilateral, the parties owe each other. And, the effect of set-off to the third parson is based on the close relationship(connexity) between credit and dept.
|
Report
(4 results)
Research Products
(20 results)
