2011 Fiscal Year Final Research Report
A study on the triangular set-off
| Project/Area Number |
21730094
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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 | Toyo University |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2011
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| Keywords | 相殺 / 相殺契約 / 三者間相殺 / 多数当事者間相殺 / 債権法改正 |
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| Research Abstract |
This research shows that, in Japanese civil code, the set-off may occur not only between two parties but also among three parties. Furthermore, by referring French theory, this research shows that the set-off among more than three parties, the so-called multilateral set-off, can also be valid as "set-off" in Japan. The set-off achieves a settlement with facility by only paying the difference, because, even if it is triangular or multilateral, the parties owe each other. And, the effect of set-off to the third parson is based on the close relationship(connexity) between credit and dept.
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Research Products
(9 results)
