2011 Fiscal Year Final Research Report

Equal Treatment between Creditors in International Insolvency

Research Project

Project/Area Number	21530095
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Meiji University
Principal Investigator	HAGA Masaaki 明治大学, 法学部, 教授 (30287875)
Project Period (FY)	2009 – 2011
Keywords	国際倒産
Research Abstract	In this project, I have studied the so-called "Hotch-Pot" rule in Japanese Insolvency-related Laws(Bankruptcy Law, Civil Rehabilitation Law and Corporate Reorganization Law), in comparison with foreign legal systems including UNCITRAL Model Law, EU Insolvency-Regulation, German Law, England law, American Law and Canadian Law. One of the main topic is whether the Creditor who had more dividend in foreign insolvency proceeding than in Japanese proceeding may be sued on the basis of unjustified enrichment.

(3 results)