bona fide acquisition and possession transfer by delegation

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380114
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Osaka University
• Principal Investigator: HIRATA KENJI 大阪大学, 法学研究科, 教授 (70173234)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 即時取得 / 指図による占有移転

Outline of Final Research Achievements

What condition should we demand in so far as bona fide acquisition is permitted with possession transfer by delegation? I could not propose concrete criteria, but guidelines or necessary attentions in case of making criteria. It is as follows: structural or legislational problem about present code(Japanese code civil §184), difference of typical transaction between constitutum possessorium and possession transfer by delegation, connectivity at personal property transaction between property aspect and contract aspect, problem of discussing animus possidenti, especially change of nature of possessio in case of bona fide acquisition.

Free Research Field

民法学