| Co-Investigator(Kenkyū-buntansha) |
WADA Shinichi College of Law, Ass.Professor, 法学部, 助教授 (80240547)
YAMAMOTO Ryuji College of Policy Science, Professor, 政策科学部, 教授 (10150765)
SAGAMI Yishikazu College of Law, Professor, 法学部, 教授 (50081162)
ARAKAWA Shigekats College of Law, Professor, 法学部, 教授 (00066680)
NAGAO Jisuke College of Law, Professor, 法学部, 教授 (90014430)
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| Research Abstract |
On the theme "positive and comparative legal study in multi-party secured transaction of consumer credit", we have considered mainly on some subjets : the specific chose in action law in Japan and the obligations that bank should meet as creditor in the viewpoint of consumer protection, i.e., the obligations to explain or inform, to protect property, to estimate a security properly, and etc., on one hand ; and requirements and effects of one's liability for damages to another creditor in collecting loan konwingly in the way contrary to public policy in German law, and the concept of lendeer liability in common-law countries including New Zealand and Australia, on the other.
Surely, the obligations of bank, above, has an aspect as applied area of incidental and protective obligation theories. Extra considerations, however, are indispensable in another aspect, because they have reltionaship to peculiarity of transaction with bank, esp., consumer credit loan. This peculiarity is, e.g., in the point that such transactions are small and numerous in a social sense, usually with surety only or without any security, or set as a necessarily secured transaction of realty. They are peculiar also in fundamental disparity between parties in socio-economic status and therefore manualused transaction process managed only by financial institutions.
The other side, it should be noted whether and how might be the problems generalized which are derived from arguments on the obligation of financial institutions, above, and on an inappropriate collection in the case that a proper way is very hard after collapse of so-called bubble economy. Therefore, a systematic theory, which reflects basic principle and history of civil law, is required, as well as ad hocapproach.
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