2015 Fiscal Year Final Research Report
Analysis of revision of the credit Law from the procedural standpoint ~between theoretical acceptability and practical feasibility
| Project/Area Number |
25380116
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 債権法改正 / 将来債権譲渡 / 執行・倒産手続 / 債権者代位訴訟 / 当事者適格 / 判決効 |
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| Outline of Final Research Achievements |
This research aims at analyzing revision of the credit Law from the procedural standpoint, especially with studying a conflict between theoretical acceptability and practical feasibility. In the Transfer of Security Interest upon Assignment of the Secured Claim, our insolvency Law may force the “new” credit Law to make a “renew” special Act. But in the Action for obligee's Subrogation Right, the “new” credit Law may oblige our procedural theory of the effect of judgement and of the standing to sue or to be sued to make a change.
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| Free Research Field |
民事訴訟法学
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