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廣島法學 43 巻 4 号
2020-03-17 発行
債権譲渡における債務者の抗弁の放棄
Waiver of Defenses against the Assignor on Assignment of Accounts Receivables
大島 一悟
Abstract
On June 2 2017, The Japanese Civil Code was amended and this was scheduled to come into effect in April 2020. In the revised Civil Code, the provisions of Paragraph 1 of Article 468 were changed. According to the provisions of Paragraph 1 of Article 468, if a receivable is assigned, the debtor may assert against the assignee its defense that has arisen against the assignor by the time that the assignment is perfected to the debtor by way of a notice to or an acknowledgment by the debtor. This Article discusses the efficacy of waiver of defenses, when the debtor waives his defenses.
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