A study of the effect of rights which changed the objects in liquidation

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380121
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: University of Tsukuba
• Principal Investigator: NAOI Yoshinori 筑波大学, ビジネスサイエンス系, 准教授 (20448343)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 質権 / 倒産 / 不法行為

Outline of Final Research Achievements

In this study, I examined the requirements of affection and the effects of the security interest which the object is fungible goods in the French law, and showed the effects of the security interest in liquidation when the objects are changed after the affection. In consequence, it proved that the approval of the fungibility by the consent of the parties will threaten the security of the transacions, and that the effect of the pledge of money in liquidation is uncertain in France. In France, generally, the objects of security interests will change through the enforcement of security by the pledgee under the controle of court, but the private enforcement is prohibited inliquidation.

Free Research Field

民法