2016 Fiscal Year Final Research Report
Study on Article of the right to suspend performance in the reform of japanese Civil Code
| Project/Area Number |
26380113
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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 | Osaka 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 | 不安の抗弁権 / 倒産手続 / 債権法改正 |
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| Outline of Final Research Achievements |
It was suggested that a statement for commencement of bankruptcy proceedings would be prescribed as an example of probability of non-performance by the other party in the draft for the law of obligations. However, the probability becomes unsettled immediately after the bankruptcy proceeding is decided, and it is rather exceptional that the crisis of the creditor’s right to demand performance once again occurs in bankruptcy proceedings. There is the probability only when the performance of the contract is chosen and the property is not enough so that the creditor’s right to demand performance can not be satisfied even if it gains a priority position. Therefore, it is inappropriate to list a statement for commencement of bankruptcy proceedings as a representative example of the probability of non-performance by the other party, which is the central requirement for the right to suspend performance, and the right does not become an obstacle to bankruptcy proceedings.
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| Free Research Field |
民法
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