2011 Fiscal Year Final Research Report
Functional and theoretical reassessment of principle of equality in civil execution
| Project/Area Number |
20730058
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Hitotsubashi University |
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Principal Investigator |
SUGIYAMA Etsuko 一橋大学, 大学院・法学研究科, 准教授 (20313059)
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| Project Period (FY) |
2008 – 2011
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| Keywords | 民事執行 / 倒産 / 平等主義 / 担保 |
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| Research Abstract |
The principle of equality in our current law of civil execution needs not to be abolished. Under the principle of priority, more emphasis will be put on the insolvency law to secure the equality of creditors, and strong creditors who are able to monitor debtors' activities can easily wash out weak creditors from the process of civil execution. Most importantly, week creditors should be grant priority to week so as to settle inequality among creditors, and all of the creditors should have opportunities to know and to participate in the process of civil execution.
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