2010 Fiscal Year Final Research Report

The Notion of "Patrimony" : In relation to the Analysis of French Theory of "Universalite"

Research Project

Project/Area Number	20730071
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Kyushu University
Principal Investigator	HARA Megumi Kyushu University, 法学研究院, 准教授 (60452801)
Project Period (FY)	2008 – 2010
Keywords	財産管理 / 財産隔離 / 信託 / 集合物
Research Abstract	This research focuses on the notion of patrimony and its role in civil law system. The notion of patrimony indicates all of the positive and negative assets that a person holds. 19th century French scholars, Aubry and Rau theorized the notion. Since then, the theory has had strong significance in French law and is thought as one of the fundamental legal concepts. Firstly, this research viewed the notion from general perspective, that is, in regards to the superordinate concept of "universalite". Secondly, this research focused on one of the most important institution that derives from patrimony, fiducie. Fiducie was inserted in French Civil Code in 2007 to fill in the lack of Anglo-American trust in France. The characteristic of fiducie is that it creates patrimony by appropriation, patrimoine d'affectation. This research will put in a new light to the general understanding of "person" and "asset" in Japanese civil law system.