2010 Fiscal Year Final Research Report

A study on basic theories of surety contract : In comparison with French law

Research Project

Project/Area Number	20730063
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Shiga University
Principal Investigator	NOTO Makiko Shiga University, 経済学部, 准教授 (60378429)
Project Period (FY)	2008 – 2010
Keywords	保証人 / 保証契約 / フランス
Research Abstract	Many countries have faced the problem that personal surety tend to undertake excessive surety obligation and may go into bankruptcy. The problem has been aggravated by the development of the society. Although the fundamental structure of the suretyship system is common, different jurisdictions in Europe and Japan operate different models with different priorities. In Japan, we have solved the problem by applying the principle of freedom of contract. However, we should consider at least the disparity of bargaining power and information asymmetry between professional creditor and personal surety. Consequently, we should deepen our consideration of introducing new surety protection regulations designed with that in mind.