2011 Fiscal Year Final Research Report
Equal Treatment between Creditors in International Insolvency
| Project/Area Number |
21530095
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Meiji University |
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Principal Investigator |
HAGA Masaaki 明治大学, 法学部, 教授 (30287875)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 国際倒産 |
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| 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.
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