2007 Fiscal Year Final Research Report Summary
Trust Administration of Deposits
| Project/Area Number |
17530085
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Meiji Gakuin University (2006-2007)
Kansai University (2005) |
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Principal Investigator |
IMURO Akiko Meiji Gakuin University, Faculty of Law, Associate Professor (50308136)
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| Co-Investigator(Kenkyū-buntansha) |
KURITA Takashi Kansai University, Faculty of Law, Professor (40121884)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Civil Law / Trust Law |
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| Research Abstract |
In January, 2002, the Supreme Court ruled that the money deposited with the bank was the trust property for payment of public works and the local public entity ordered the public works and advanced the money was the settler and the contractor was the trustee, and that the money should not be used for payment of the bankrupt creditors of the contractor. The sum advanced was paid into a special bank account and the account holder was the contractor. The 2002 judgment was the landmark event.
In addition, on December 8th 2007, the Trust Law was revised for the first time in about 80 years. The new law has more directory provisions, and stipulates some new trust types. Trust Law attracts increasing attention in Japan.
We researched the requirements of concluding the trust contract, despite contract parties are unaware of it as well as the 2002 judgment on a new trust law, and resulted that the most important requirement was the parties' agreement that the money deposit with the bank should only be used for payment of the certain purpose.
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Research Products
(7 results)
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[Journal Article] 信託と訴訟手続中断・受継2008
Author(s)
栗田 隆
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Journal Title
関西大学法学論集に発表予定(http://civilpro.law.kansai-u.ac.jp/kurita/trust/index.htmlに掲載) 58巻3号
Description
「研究成果報告書概要(和文)」より
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