A study of the effect of rights which changed the objects in liquidation
| Project/Area Number |
26380121
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Multi-year Fund |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | University of Tsukuba |
|---|
Principal Investigator |
NAOI Yoshinori 筑波大学, ビジネスサイエンス系, 准教授 (20448343)
|
|---|
| Project Period (FY) |
2014-04-01 – 2017-03-31
|
| Project Status |
Completed (Fiscal Year 2016)
|
| Budget Amount *help |
¥4,680,000 (Direct Cost: ¥3,600,000、Indirect Cost: ¥1,080,000)
Fiscal Year 2016: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
Fiscal Year 2015: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
Fiscal Year 2014: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
|
|---|
| Keywords | 質権 / 倒産 / 不法行為 / 金銭 / 実行 / 倒産手続 / 代替可能物 / 物上代位 / 先取特権 |
|---|
| Outline of Final Research Achievements |
In this study, I examined the requirements of affection and the effects of the security interest which the object is fungible goods in the French law, and showed the effects of the security interest in liquidation when the objects are changed after the affection. In consequence, it proved that the approval of the fungibility by the consent of the parties will threaten the security of the transacions, and that the effect of the pledge of money in liquidation is uncertain in France. In France, generally, the objects of security interests will change through the enforcement of security by the pledgee under the controle of court, but the private enforcement is prohibited inliquidation.
|
Report
(4 results)
Research Products
(6 results)
