Comparative study of debt collection from the functional viewpoint

2017 Fiscal Year Final Research Report

• Project/Area Number: 25380095
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: The University of Tokyo
• Principal Investigator: MORITA Osamu 東京大学, 大学院法学政治学研究科(法学部), 教授 (40202361)
• Project Period (FY): 2013-04-01 – 2018-03-31
• Keywords: 債権回収 / 担保取引 / 倒産手続 / 比較法

Outline of Final Research Achievements

This project is a comparative study of debt collection procedure between United States, England, France, and Germany, focusing on secured transaction, where I analyze the legal phenomena from multiple viewpoints, such as substantive law and procedural law. In conclusion, American legal system of secured transaction and debt collection especially bankruptcy procedure is too peculiar to use as a model of international unification of debtor and creditor law. We must take into consideration the difference of basic legal thought between countries and admit there are many possibilities of legal construction applicable to the same economic conflict.

Free Research Field

民法