The theoretical fondaiton of the general law on the administration of property

2016 Fiscal Year Final Research Report

• Project/Area Number: 26780056
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Kanazawa University
• Principal Investigator: Kou Hidenari 金沢大学, 法学系, 准教授 (50598711)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: ケベック民法典 / 財産管理 / 信託 / 混合法体系 / 権限 / 物権法 / 一般理論 / 財産管理人の義務

Outline of Final Research Achievements

This research clarified the contents of provisions of "administration of property of others" in the chapter 7 of section 4 of Quebec Civil Code. It also clarified the concept of "legal power" as the theoretical foundation of "administration of property of others". The reason why the chapter of "administration of property of others" was positioned as section of "property" is because this section is closely related to trust and appropriated patrimony. The idea of chapter of "administration of property of others" is in common with the idea of the general provision of "service contract" in revision of the civil code of Japan. The concept of "administration of property of others" and power is an opportunity to re-examine the concept of ownership and theoretical foundation of "administration of own property".

Free Research Field

民法