続・信販会社による所有権留保に関する最判平22年6月4日と最判平29年12月7日に基づく三者関係の構造に関する考察
Use this link to cite this item : http://doi.org/10.15027/48276
ID | 48276 |
file | |
title alternative | Two Supreme Court Decisions on Ownership Reservation by a Credit Company, Continued
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creator | |
abstract | The contract between a car sales company, a buyer and a credit sales company can be interpreted as an “agreement to use an asset as common collateral for multiple collateralized claims with different creditors”. In this case, the problem is that the creditor and the collateral holder are different.
The same problem arises even if the contract is interpreted in line with the law of substitution. However, it can be understood consistently as protection of the effect of subrogation and as a special contract based on Article 504 of the Civil Code. |
journal title |
The Hiroshima Law Journal
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volume | Volume 43
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issue | Issue 1
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start page | 1
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end page | 15
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date of issued | 2019-06-25
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publisher | 広島大学法学会
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issn | 0386-5010
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ncid | |
language |
jpn
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nii type |
Departmental Bulletin Paper
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HU type |
Departmental Bulletin Papers
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DCMI type | text
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format | application/pdf
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text version | publisher
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rights | 許可なく複製・転載することを禁じる
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department |
Graduate School of Social Sciences
Hiroshima University Law School
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他の一覧 |