2016 Fiscal Year Final Research Report
Effect of the global security used in the ABL in the insolvency of the debtor
| Project/Area Number |
26380105
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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 | Nagoya University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2017-03-31
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| Keywords | 流動資産担保 / 流動財産担保 / 集合動産譲渡担保 / 集合債権譲渡担保 / ＡＢＬ / 事業再生 / 倒産法 |
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| Outline of Final Research Achievements |
As an analysis of the global security of ABL under German law under the debtor's crisis, the legal effects of global security are based on the legal structure of the "transfer of rights". And these security rights are dominated by the "temporal relation principle", also with "the scope of normal management" and the "theory of the disposal authority". But with the beginning of the bankruptcy proceedings, the rights to the current assets in ABL are converted into rights, which are accepted as exclusive satisfaction. At the same time, it was established that the bankruptcy administrator has the role of maximizing the interests of the persons involved.
It can be said that this result give the suggestion about the effectiveness of current asset security in ABL of our country.
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| Free Research Field |
民法、担保法
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