Study for the Time Scope of Bankruptcy Estate
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- ASANO Yuta
- Principal Investigator
- 九州大学
About this project
- Japan Grant Number
- JP18K12682
- Funding Program
- Grants-in-Aid for Scientific Research
- Funding organization
- Japan Society for the Promotion of Science
- Project/Area Number
- 18K12682
- Research Category
- Grant-in-Aid for Early-Career Scientists
- Allocation Type
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- Multi-year Fund
- Review Section / Research Field
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- Basic Section 05060:Civil law-related
- Research Institution
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- Kyushu University
- Project Period (FY)
- 2018-04-01 〜 2022-03-31
- Project Status
- Completed
- Budget Amount*help
- 4,030,000 Yen (Direct Cost: 3,100,000 Yen Indirect Cost: 930,000 Yen)
Research Abstract
In this research subject, I have studied about what assets are included in a bankruptcy estate in bankruptcy process by the comparison between the current Japanese bankruptcy law and previous Japanese bankruptcy laws. As a result, I showed that the draft of bankruptcy law, which was drafted between the article of bankruptcy in the Meiji commercial law and the 1922 bankruptcy law, included the assets taken after bankruptcy process in the bankruptcy estate, and at the same time it excluded some kinds of claims, such as wages, from the estate. So, The draft adopted "Modified Expansion Principle". By the comparison of the draft, I showed that the aim of the current Japanese bankruptcy law, which includes only the assets which are taken before the bankruptcy process is the guarantee of equity between the creditors before the process and after the process, rather than the guarantee of the debtor's life.