Acquisitive Prescription and Mortgage

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Other Title
  • 再度の取得時効の完成と抵当権の帰趨
  • サイド ノ シュトク ジコウ ノ カンセイ ト テイトウケン ノ キスウ

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Abstract

P(論文)

A person purchased land, but did not change the name of the registered owner to his own. Therefore the vendor set a mortgage on the land and registered it. The purchaser used the system of the acquisition effect to realize the dual purposes of abolishing the mortgage and establishing himself as the owner. The judgment and underlying theory of the Supreme Court decision in this interesting case is discussed.

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