1994 Fiscal Year Final Research Report Summary
SUBSTANTIAL AND COMPREHENSIVE RESEARCH CONCERNING PROTECTION OF CUSTOMERS IN CREDIT-TRANSACTIONS.
| Project/Area Number |
05620026
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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 | NIIGATA UNIVERSITY |
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Principal Investigator |
SEKI Takeshi FACULTY OF LAW NIIGATA UNIVERSITY PROFESSOR, 法学部, 教授 (30187835)
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| Project Period (FY) |
1993 – 1994
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| Keywords | CREDIT-TRANSACTION / INSTALLMENT SALE / CONSUMER FINANCE / FACTORING / EQUIPMENT TRUST |
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| Research Abstract |
In 1993 I conducted substantial research related to installment sales, consumer finance, equipment trusts, kainyuutorihiki (commodity brokers) and factoring. It was the aim of my research that wa understand characteristics of modern credit-transactions. As a result, I could recognize that in such credit-transactions there were some common characteristics :
(1) Transactions can be divided into "ringed-united" transactions and transactions in which some credit-institutes are involved in the process of merchandise circulation.
(2) We should try to grasp the concerns according to parties involved in each transaction.
(3) For protection of customers it would be better to apply the Japanese Civil1 Code * 1-2
In 1994 I examined the cut-off of defenses against financers of customer sales. My work this year was to collect, arrange and consider many judicial precedents. As a result, I discovered several judgments in which the cut-off defenses against financers of customers was recognized. These judgments suggest :
(1) It is necessary that we consider credit-institute's Policies--if it had known of the delivery of merchandise to the customer at the time of its payment or not--.
(2) There must be power of representation or fictitious declaration of intention so that we recognize the cut-off of defenses against financers of customers.
(3) We should also consider the degree of co-operation between credit-institute and customer.
(4) Finally, the Courts must collectively consider these judgments ( (1)-(3) ). Because it is best that we applies the Japanese civil Code * 1-2 in cases of modern credit-transactions.
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