2014 Fiscal Year Final Research Report
Liquidation system in law of succession and estate administration
| Project/Area Number |
24730076
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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 | Kanazawa University |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 民法 / 相続法 / フランス法 / 遺産管理 / 財産管理 / 相続債務 / 遺産分割 / 清算 |
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| Outline of Final Research Achievements |
This research aims to explore system of estate liquidation. In French law, Art.815-17 (Act no.76-1286 of 31 Dec.1976) of civil code, continuing the principle of universal succession, admits that successional creditors shall be paid by deduction from the assets before partition, and that they may conduct seizure of the undivided property. On ground of this stipulation, at practice, the estate is almost always liquidated before partition. To liquidate it by the same way in Japanese law, it would be neccessary to have a new concept and to gain a fresh perspective on administration of the estate. This is a lawmaking problem.
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| Free Research Field |
社会科学、民事法学
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