2010 Fiscal Year Final Research Report
A Study about the Possibility to expand the Means of the Debt Collection : Through the Comparison with the Legal System of France
| Project/Area Number |
21730091
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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 | The University of Kitakyushu |
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Principal Investigator |
NAKAYAMA Fusa The University of Kitakyushu, 法学部, 准教授 (20438295)
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| Project Period (FY) |
2009 – 2010
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| Keywords | 民法 / 意思表示法 / 民法第94条 / 虚偽表示 / フランス民法典1321条 / 秘匿行為の効力 / 虚偽表示確認の訴え / 債権回収手段の拡充 |
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| Research Abstract |
I was able to clarify following two points by this study. Primarily, "the suit of the false declaration of intention confirmation" accepted in a precedent by interpretation of French civil law Article 1321 is used as debt collection or a salvo by the creditor who does not have a security. Second, this suit is more convenient for a creditor than the cancellation of the fraudulent alienation from the points of view of the burden of proof.
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