2013 Fiscal Year Final Research Report
A research on the effect of lien for which the object was changed within the bankruptcy procedure
| Project/Area Number |
23530104
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kagawa University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 担保 / 物上代位 / 共有物 / 集合物 |
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| Research Abstract |
On the subject of the change of the collateral, I made studies of subrogation and floating charge. Japanese Civil Code has an article which stipulate the extension of pleage over claims to the proceeds of the collateral. French Civil Code enables the redemption of the same kind, the same quality,and the same quantitty of collateral in the title retention and in the pleage.
In France, various kinds of partition is accepted, and the change to the obligation of the share is avoided, co-owners who have lost their shares are also given the legal lien.
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