2016 Fiscal Year Final Research Report
The Differentiation of Security Devices Under the Restructuring Process
| Project/Area Number |
26380128
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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 | Sophia 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 | 形式主義 / 機能主義 / 担保価値維持義務 / 担保価値維持請求権 / 流動動産担保 / 流動債権担保 / 譲渡担保 |
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| Outline of Final Research Achievements |
This research project has tried to reveal utility of the concepts of legal functionalism and formalism on secured transactions under restructuring process. Totally the four articles and one book review could be publicized between this three years' research period. In detail, two of the articles are related to the comparative laws, especially on the law of secured transactions under England and New Zealand. The rests discuss the Japanese law; one examines the total history on the Japanese accounts receivable financing. The other considers the relationship between the infringement of security interests and the duty of security provider to maintain a hypothec value. Above the achievements show secured parties can make use of two concepts in their favor depending on the situations to pass through a variety of legal regulations.
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| Free Research Field |
民法
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