| Budget Amount *help |
¥4,550,000 (Direct Cost: ¥3,500,000、Indirect Cost: ¥1,050,000)
Fiscal Year 2016: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2015: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2014: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
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| Outline of Final Research Achievements |
When a debtor has gone bankrupt, the mere creditors will be subject to the principle of equal satisfaction, falling behind the holder of priority rights. This research, however, questions that a mere creditor should not be entitled to any priority rights. To deal with this problem, the research focuses on the following three points.
Firstly, the system of "Ersatzaussonderung" and "Ersatzabsonderung" in German law and their substance are examined, comparing with that of Japanese law. Secondly, this research insists that: (1) the applicability of the "dingliche Surrogation" to the right of ownership should be considered by taking the existence of "Ersatzaussonderung" into account and also, (2) in the case of mortgage by transfer, the existence of "Ersatzabsonderung" should be noticed. Lastly, the research analyses the discussion on "Wertverfolgung" in Austria, Germany and Japan with historical perspective, and then clarifies the legal requirement and effect of this special theory.
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