2013 Fiscal Year Final Research Report

Empirical Research on Fidelity Guarantee

Research Project

Project/Area Number	23730088
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Multi-year Fund
Research Field	Civil law
Research Institution	Shiga University
Principal Investigator	NOTO Makiko 滋賀大学, 経済学部, 准教授 (60378429)
Project Period (FY)	2011 – 2013
Keywords	身元保証 / 保証人
Research Abstract	This research project aims to study the reality of the fidelity guarantee (Mimoto-Hosho) in Japan based on empirical research. It consists of a case study of judicial decisions on fidelity guarantee in the last twenty years and a questionnaire survey of Japanese companies on fidelity guarantee. According to the survey, 74.8% of the responding companies answered that they adopted the fidelity guarantee system. On the other hand, we recognized that there was diversity of the meanings and applying of fidelity guarantee. The determination method of a guarantor's responsibility based on the Fidelity Guarantee Act which was enacted in 1933 is unique. Courts have limited the range of guarantor's responsibility by judicial discretion based on the Act. But, this method does not work well therefore the parties feel uncertain over the fidelity guarantee system. We have to consider amending the Act on the fidelity guarantee system.

(3 results)