COMPREHENSIVE RESEARCH CONCERNING INTERESTRELATION OFCUSTOMERS IN CREDIT-TRANSACTIONS.

1996 Fiscal Year Final Research Report Summary

• Project/Area Number: 07620025
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Civil law
• Research Institution: NIIGATA UNIVERSITY
• Principal Investigator: SEKI Takeshi FACULTY OF LAW,NIIGATA UNIVERSITY PROFESSOR, 法学部, 教授 (30187835)
• Project Period (FY): 1995 – 1996
• Keywords: PRINCIPLES OF TRUST / CUT-OFF OF DEFENSES

Research Abstract

I conducted comprehensive research related to installment sales in Germany. The aim of my research was how to protect customers in modern credit-transactions. As a result, I discovered German judgments and literatures in which the cut-off of defenses against financers of customers was recognized. These have considered that customers should be given such a defense if man can recognize an actual and economical bond between contracts of sale and loan for consumption. But legal explanations presented by literatures were not consistent : Oneside considers, for example, as that bond the "aim-bond" (s.(section) 818), "one action" (s.(section) 139), an "action basis" (Geschaftsgrundfage) founded from (section) 242 or "same legal relation" in (section) 273 of German civil law. The other, understand the relation between customers and creditinstution as a partnership-contract and then recognizes the customer's cut-off of defense as a responsibility according to (section) 415 of German civil law. However, German judgments understood the matter of "informed consent" (Aufklarungspflicht) : These have protected customers in applications of (section) 242 of German civil law. However, cut-off of defenses for customers should be recognized without informed consent, because customers have little knowledge concerning risk resulting from various contracts among seller, customer and creditinstitution, as C.Bockmann says in his work.