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LAW500A2(法学 / law 500)
Debtor and Creditor Law

Arinobu ONAKA

Class code etc
Faculty/Graduate school Law School
Attached documents
Year 2021
Class code V4121
Previous Class code
Previous Class title
Term 春学期授業/Spring
Day/Period 火4/Tue.4
Class Type
Campus 市ヶ谷
Classroom name
Grade 2~
Credit(s) 2
Notes 選択
Class taught by instructors with practical experience
Category 展開・先端科目群
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Outline (in English)

Civil law receivables under the Civil Code have claiming power, grasping ability, benefit retention capability as substantial rights. Therefore, the obligee exercises the claiming power and the grasping ability of these authorities to collect the debts, but as a remedy method in the case of arbitrary repayment of the claim can not be obtained and falling into the defaulted state, the procedure law It is planned to collect by force enforcement under the civil execution enforcement law. If we go further and the obligor falls into insolvency, we will try to recover by the legal system concerning the bankruptcy process. Under such circumstances, however, under the circumstances of a single creditor and the debtor only the problem can not be processed and focuses on the viewpoint of maximizing the satisfaction of the creditors group. Under various stages leading from insolvent defaults to insolvency, substantive claims are subject to various transformations due to procedural and procedural law changes to substantive legal norms.
By analyzing the phenomenon form of the transformation of the substantive law by the Procedural Law and its justification principle and concrete consideration for each individual collection target, it is possible to analyze the substantive law and It is the purpose of this lesson to deepen the comprehensive understanding of the procedural law.

Default language used in class

日本語 / Japanese