2011 Fiscal Year Final Research Report
Comparative study of the law of corporate rescue and priorities of claims in the age of the security over all of property
| Project/Area Number |
21730090
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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 | Osaka City University |
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Principal Investigator |
TAKATA Kenji 大阪市立大学, 大学院・法学研究科, 准教授 (40326541)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 事業再生 / 倒産法 / 民事法学 |
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| Research Abstract |
Creditors can have security over all of debtors' property. What is the aim of Insolvency proceedings which save the general creditors equally, if it is popular? I studied the UK insolvency law from the point of view of corporate rescue and priority of claim. As a result, UK law introduced the ring fence for general creditors and reformed the administrative receivership from for secured creditors to both of secured creditors and general creditors. I found that the objective of the law reform was corporate rescue.
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