2015 Fiscal Year Final Research Report
The legal nature of "payment": constructing a fundamental theory toward modernization of payment law
| Project/Area Number |
25780076
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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 | Toyo 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 | 決済 / 弁済 / 口座振込み・口座払込み / 民法（債権関係）改正の検討 |
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| Outline of Final Research Achievements |
In this study, we discuss about payment rules in the Civil law of Japan. These days, we perform monetary obligations not only by paying cash (legal tender), but also by other relatively new means such as paying via transfer of money using bank accounts, credit card, E-money. The Civil code of Japan, however, does not have particular rules of payment instruments other than legal tender. A new theory which can cover such relatively new payment instruments is needed. For that, this study concludes that the Draft of Japanese Civil Code (Law of Obligations) Reform submitted to the National Diet of Japan, which proposed some rules about payments using bank accounts, is not enough.
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| Free Research Field |
民法
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