2017 Fiscal Year Final Research Report
Comparative study on the interplay of the law of obligations and property law in the context of trust
| Project/Area Number |
16K17029
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Kyoto University |
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Principal Investigator |
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| Project Period (FY) |
2016-04-01 – 2018-03-31
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| Keywords | 信託 / 物権と債権の関係 / 価値追跡 |
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| Outline of Final Research Achievements |
In order to clarify the interests of the various parties involved in the context German and Austrian trust law (Treuhand) and to find an appropriate balance between them, and in the course of this also reconsider the dichotomy of property law and the law of obligations, Wilburg’s idea of tracing value into the hands of another (Wertverfolgung) was analysed. It grants the original holder of a right a preferential right in the case of insolvency of the person obliged to return the value if the value still exists with the latter in a manner that allows to discern it as the same value. Such a preferential right has to be seen as conditional on the original holder of the right to be worthy of protection and has to be balanced against third party interests. It was revealed how this idea could give some valuable hints as to the balancing of interests as well as questions of publicity arising in the context of trust, but also where its limitations are.
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| Free Research Field |
民法
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