| Project/Area Number |
22730092
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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 | Keio University |
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Principal Investigator |
SUIZU Taro 慶應義塾大学, 法学部, 准教授 (00433730)
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| Project Period (FY) |
2010-04-01 – 2014-03-31
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| Project Status |
Completed (Fiscal Year 2013)
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| Budget Amount *help |
¥4,030,000 (Direct Cost: ¥3,100,000、Indirect Cost: ¥930,000)
Fiscal Year 2013: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2012: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2011: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2010: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
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| Keywords | 物権と債権 / 物権債権峻別 / 物概念 / 体系 / 価値追跡 / 民事法学 |
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| Research Abstract |
Real rights and claims are totally different concepts. The former is exclusive right to tangible things, while the latter is relative right to other person. These two, however, may overlap in some fields such as lease. This study examines how and in which point we should distinguish them each other. Firstly, two basic problems are concerned: (1) Relation between the distinction of two kinds of right and some characteristic features in modern civil codes, such as the system based on "rights" and the concept of "tangible things", and (2) Meaning of the differentiation of two rights in relation to the system. Secondly, the study reconsiders four fundamental ideas: rights to things, rights to person, exclusivity and relativity. By combining these four, an indispensable foundation for analysis is established. Finally, as for the delimitation of two rights, ambiguity of the line and objectification of claims are indicated.
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