EFFECTIVE ENFORCEMENT OF JUDGMENT DEBTS.

2003 Fiscal Year Final Research Report Summary

• Project/Area Number: 13620045
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Civil law
• Research Institution: The University of Tokyo
• Principal Investigator: ITO Makoto The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (50009809)
• Co-Investigator(Kenkyū-buntansha): KAKIUCHI Shunsuke The University of Tokyo, Graduate Schools for Law and Politics, Associate Professor, 大学院・法学政治学研究科, 助教授 (10282534) ; TANAKA Hiroshige The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (90126102) ; TAKAHASHI Hiroshi The University of Tokyo, Graduate Schools for Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (40009832)
• Project Period (FY): 2001 – 2003
• Keywords: CIVIL EXECUTION / ENFORCEMENT OF JUDGMENT / JUDICIAL AUCTION / OBSTRUCTION TO FORECLOSURE

Research Abstract

The purpose of this research is to acquire basic perspectives to make civil proceedings more effective based on study of comparative laws, and to develop arguments regarding possible interpretation of the current laws and future legislation, which are necessary for reform of the current system of security transaction and enforcement of judgment debts. The reform is widely recognized as essential to establish an efficient Japanese judicial system in the 21st century, where rule-based and transparent regulations must play a greater role in society. For this purpose, this research focuses on review of individual systems and rules that consist of civil execution system, from the observing point of expansion of capacity of the execution system and reduction of transaction cost of users, both of which are principal issues for the civil enforcement system as an infrastructure of social activities in Japanese law.
This research develops arguments of possible interpretation of the current rules and future legislation concerning systems of minimal judicial auction price, indirect enforcement, and several measures to prevent obstruction to foreclosure, in consideration of necessity to establish a scheme to induce interested parties to act properly both inside and outside executions proceeding. A part of fruit of this work is already reflected in legislative discussions, both for the 2003 amendment and for the prospective 2004 amendment, of reform of the current system of mortgage, security transaction and civil execution. We believe that outcome of this research will be controlling for interpretation of the amended laws and will also be fruitful for future revisions of civil execution system.