Future of registration systems for non-possessory security rights expecting of profits from the encumbered assets

2015 Fiscal Year Final Research Report

• Project/Area Number: 24530092
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Hitotsubashi University (2015); Osaka University (2012-2014)
• Principal Investigator: ISHIDA Takeshi 一橋大学, 大学院法学研究科, 教授 (00287913)
• Project Period (FY): 2012-04-01 – 2016-03-31
• Keywords: 将来債権譲渡 / 譲渡禁止特約 / 譲渡制限特約 / 共同抵当 / 抵当権の効力 / 過剰担保

Outline of Final Research Achievements

First of all, this study focuses on some current important issues of the assignments, especially about the topics of the effectiveness of contractual prohibitions or restrictions of assignments and assignments of future rights against third parties. After examining the Draft for the Reform of the Law of Obligations(2013) prepared by the Working Group of the Legislative Council of the Ministry of Justice, I made several useful suggestions for improvement.
Secondly, for the purpose of another important modern issues of global securities, for example, transfers of stocks of goods or assets, and the traditional issues of typical non-possessory security rights on immovables(for example "joint-Hypotek” ), I argued that some legislative or interpretative device is needed to restrain excessive effects of global securities for security providers.

Free Research Field

民法