2012 Fiscal Year Final Research Report
The research on the treatments of the perfections in the bankruptcy proceedings
| Project/Area Number |
23830003
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Hokkaido University |
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Principal Investigator |
INAGAKI Mihoko 北海道大学, 大学院・法学研究科, 助教 (00612467)
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| Project Period (FY) |
2011 – 2012
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| Keywords | 対抗要件 / 否認 / 債権者平等 |
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| Research Abstract |
In Japan, trustee has a power to avoid an act of providing perfection conducted just before bankruptcy independently of the establishment, transfer, etc. of a right itself. But the justification for the trustee’s avoiding power against late perfection is not clear. The aim of this research is to examine the harms that the late perfection should cause to the interests that bankruptcy system tries to realize. This avoidance provision was from article 448(2) of the French commercial law (1838), I analyzed this article and obtained following knowledge that suggests beneficial impact on the Japanese law.
Article 448(2) had a function which prevented secured creditors whose interests weren’t still perfected against a third party from getting priority status over other creditors by having registration just before bankruptcy.
In the French real estate system, it was hard to change the date of the establishment, transfer, etc. of a right. It suggests that it was less important to avoid perfection independently of the establishment, transfer etc. of a right itself.
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