2014 Fiscal Year Final Research Report
historical research of the doctrines concerning the legal situation of the third party acquiring mortgaged real estates
| Project/Area Number |
24730067
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Tohoku University |
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Principal Investigator |
ABE Yusuke 東北大学, 法学(政治学)研究科(研究院), 准教授 (20507800)
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 抵当権 |
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| Outline of Final Research Achievements |
Contemporary doctrines concerning the mortgage have a common way of approach by which they consider the effect of mortgage as a relation between the mortgagee and the mortgaged real estate.
To overcome this accord of doctrines, I focused on the doctrines about the effect of the mortgage against the third party acquiring the mortgaged real estate and analyzed their history.
As a result, I find that the above accord was a product of the 19th century doctrines and that the former doctrines had searched for the appropriate effect of the mortgage against each interested party.
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| Free Research Field |
民法
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