2011 Fiscal Year Final Research Report
Classification of a concept of the personal guaranty. Focusing on a distinction between a personal guaranty given by the principal of a business and the third party.
Project/Area Number |
21530089
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Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Single-year Grants |
Section | 一般 |
Research Field |
Civil law
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Research Institution | Kyushu University |
Principal Investigator |
ENDO Ayumu 九州大学, 大学院・法学研究院, 准教授 (50347259)
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Project Period (FY) |
2009 – 2011
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Keywords | 保証 / 経営者保証 / 第三者保証 / 平成16年民法改正 / リレーションシップバンキング / ドイツ / 法比較 |
Research Abstract |
After the collapse of the(asset-inflation) economy bubble, amendments of rules of the personal guaranty, which are comprised in the revision of the Civil Code in 2004, were conducted as a part of a financial policy. This policy is designed to establish a new lending practice without real security or personal guaranty. However, the validity of such monetary policy, even in the light of circumstances of the latest research, has not been proved yet. Therefore, this study categorized personal guaranty into two types ; given by the principal of a business or the third party, then presented ways of interpreting, which are varied to suit each types. In addition, I carried out research on literatures about law of Germany and French, and interviews with professors and finance practicians in Germany. Currently, based on the results of these investigations, I' ve been working on the doctrine of comparative legal study of the personal guaranty.
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Research Products
(7 results)