2009 Fiscal Year Final Research Report
A synthetic research on obligation satisfied in preference in bankruptcy proceeding
| Project/Area Number |
20730067
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | The University of Tokushima |
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Principal Investigator |
NAOI Yoshinori The University of Tokushima, 大学院・ソシオ・アーツ・アンド・サイエンス研究部, 准教授 (20448343)
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| Project Period (FY) |
2008 – 2009
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| Keywords | 物上代位 / 償金 / 添付 / 夫婦財産 / トレーシング / 擬制信託 |
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| Research Abstract |
In Germany and in France, the theory of subrogation is used in order to give a priority to claims which are made by owner to administrator. In addition, ownership is protected more strongly by limiting the possibility of accession and by differentiating good faith possessor from bad faith possessor. In England, some opinion approve the constructive trust when a couple is separated. However, the discussion isn't fixed.
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