| Project/Area Number |
60520023
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Kitakyusyu University |
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Principal Investigator |
KAWANO Masanori Kitakyusyu University; Faculty of Law, 法学部, 助教授 (00047739)
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| Project Period (FY) |
1985 – 1986
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| Project Status |
Completed (Fiscal Year 1986)
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| Budget Amount *help |
¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1986: ¥700,000 (Direct Cost: ¥700,000)
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| Keywords | Consumer Bankruptcy / Loan credit / Discharge from old obligation / 倒産法改正 |
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| Research Abstract |
Since 1983 we have experienced characteristic change in japanese Bankruptcy Law; there was a incredible increase in number of filing the Bankruptcy petition which was caused by the current prevailing of the loan credit in japanese society. Most of the Bankruptcy cases are filed by the consumer who has almost no assets.The only purpose of his petition is to obtain a decision of discharge from his obligation to many loan companies. Japanese Bankruptcy Code provides Discharge following the American Bankruptcy Code. But the law maker of the reform act in 1952 did not have such a prospect as you can see now. Therefore there are many problems not only in theoretical bases, but also in the practical treatment of these provisions. In this project I would like to clarify these dificulties in japanese Bankruptcy-system from comparative study of American Bankruptcy history and recent reform act in German Insolvency Law.
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