2013 Fiscal Year Final Research Report
On the legal hypothec in roman law
| Project/Area Number |
23530024
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Fukuoka Institute of Technology |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | ローマ法 / 法定抵当権 / 質権 |
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| Research Abstract |
Since there were never system for effective execution upon the debtor's property in the classical roman law, already in the 1 century A.D.-, the creditor had promised often with his debtor, -against popular opinions to have a pledge on the whole property of his debtor unoccupied. The pledged things can be rightly disposed (ex. gr. buy, pledge, liberation of slaves) by the debtor, until the creditor has possession on the thing really. The legal hypothec, which developed from the silent pledge promise on the whole property of the debtor, had also the same effect and -against common opinions-, no right to prosecute the things on the hand of a third person. The legal hypothec of wife or pupil on the whole property of her husband or his guardian had changed the character in the course of the reception as result of misunderstanding of the roman law sauce and have brought many troubles on the trades in medieval and modern time.
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