Fidelity guarantee and Legal principles of contracts

2016 Fiscal Year Final Research Report

• Project/Area Number: 26380112
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Shiga University
• Principal Investigator: NOTO Makiko 滋賀大学, 経済学部, 准教授 (60378429)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 身元保証 / 保証人 / 契約

Outline of Final Research Achievements

This research project aims to study the real position of the fidelity guarantee (Mimoto-Hosho) in Japan, in contrast to surety contract, referring to the argument about the change civil code concluded by the Diet in May, 2017.
According to preceding research, there are examples where a huge amount of responsibility was pursued against a fidelity guarantor and in Japan, 74.8% of companies still adopt an identity guarantee system today. However, unlike ordinary surety contracts, there is no chance of signing a fidelity guarantee after carefully forming and expressing guarantor’s will.
The determination method of a guarantor's responsibility based on the Fidelity Guarantee Act which was enacted in 1933 is unique. Courts have limited the range of guarantor's responsibility by judicial discretion based on the Act. Although there are points to be revised in the Act, due to the characteristics of fidelity guarantee, it should not be unified into civil code.

Free Research Field

民事法