| Budget Amount *help |
¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
Fiscal Year 2016: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000)
Fiscal Year 2015: ¥520,000 (Direct Cost: ¥400,000、Indirect Cost: ¥120,000)
Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
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| Outline of Final Research Achievements |
This research project aims to study the real position of the fidelity guarantee (Mimoto-Hosho) in Japan, in contrast to surety contract, referring to the argument about the change civil code concluded by the Diet in May, 2017.
According to preceding research, there are examples where a huge amount of responsibility was pursued against a fidelity guarantor and in Japan, 74.8% of companies still adopt an identity guarantee system today. However, unlike ordinary surety contracts, there is no chance of signing a fidelity guarantee after carefully forming and expressing guarantor’s will.
The determination method of a guarantor's responsibility based on the Fidelity Guarantee Act which was enacted in 1933 is unique. Courts have limited the range of guarantor's responsibility by judicial discretion based on the Act. Although there are points to be revised in the Act, due to the characteristics of fidelity guarantee, it should not be unified into civil code.
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