2016 Fiscal Year Final Research Report
On the function of delegating authority of collection of a monetary claim to someone in Japanese Civil Procedure Law.
| Project/Area Number |
26780046
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Hokkaido 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 | 民事訴訟法 / 民事執行法 / 取立委任 / 取立授権 / 訴訟追行権限 / 当事者適格 / 承継執行 / 請求異議事由 |
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| Outline of Final Research Achievements |
With reference to the German discussion on “Einziehungsermaechtigung” that has developed over the years in German law, I clarified the function of the “delegation of collection of monetary claims”---a creditor giving a third party the right to collect his own monetary claim, which has become often used as a legal constitution in the collateral of claims transfer and the servicer law in Japan---in the Japanese Civil Procedure Law, such as relationship with the right to prosecute, the grant of the successor sentence, and the objection reasons in the action to oppose compulsory execution.
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| Free Research Field |
民事訴訟法
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