The credit general remarks

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The credit general remarks (さいけんそうろん) are interpretation theories about the credit basic rule (third Chapter 1 from civil law Article 399 to Article 520). The credit basic rule attracted rules about the property that credit has regardless of the origin commonly and the effect, and there are many rules that therefore are abstract.

The constitution of the credit basic rule is edited with a purpose, effect of the credit, the credit of the majority person concerned and a debt, a transfer of the credit, the order called the extinction of the credit of credit in a Civil Code.

Summary

Conventionally, I settled the credit general remarks and credit detailed exposition and knit a textbook, a basic book called the credit, and there were many examples to compare with real right. However, in in recent times, a right of subrogation by obligee, the fraudulent deed right of cancellation, subrogation, assignment of accounts receivable, offset, a guarantee by the repayment are used as credit maintenance, means of the debt collection or may do it with rights of the mortgagee and the subject that I put together in a result to have character to be common in the field of the finance method that the financial institutions such as banks utilize, the lecture of the university, and the textbooks which I put together increase in this (in addition, there is finally) as a latter example) Suzuki salary as a thing insisting that you should not necessarily draw a sharp line between credit and real right in Takashi Uchida "civil law III credit general remarks, rights of the mortgagee" (Tokyo University publication society, first edition 1996 in "real right method lecture [4 訂版]" (wound sentence Corporation, 1994.

Constitution

Chapter 1 basic rule (Article 399 - Article 520)

• Purpose (Article 399 - Article 411) of the Section 1 credit
• Effect (Article 412 - Article 426) of the Section 2 credit
  • Responsibility of the first subsection default on an obligation (Article 412 - Article 422)
  • The second subsection right of subrogation by obligee and the fraudulent deed right of cancellation (Article 423 - Article 426)
• The credit of a lot of Section 3 person concerned and debt (Article 427 - Article 520)
  • The first subsection basic rule (Article 427)
  • The second subsection indivisibility credit and indivisible debt (Article 428 - Article 431)
  • The third subsection joint obligation (Article 432 - Article 445)
  • The fourth subsection cautionary obligation
    • The first eyes basic rule (Article 446 - Article 465)
    • The second eyes loan equal roots guaranty (5 of 2 - Article 465 of Article 465)
• Transfer (Article 466 - Article 473) of the Section 4 credit
• Extinction (Article 474 - Article 520) of the Section 5 credit
  • The first subsection repayment
    • The first eyes basic rule (Article 474 - Article 493)
    • Deposit (Article 494 - Article 498) of the object of the second eyes repayment
    • Subrogation (Article 499 - Article 504) by the third eyes repayment
  • The second subsection offset (Article 505 - Article 512)
  • The third subsection renovation (Article 513 - Article 518)
  • The fourth subsection exemption (Article 519)
  • The fifth subsection confusion (Article 520)

References

• Kenjiro Ume "民法要議巻之三債権編" (recreation, 有斐閣, 1984)
• The Sakae Wagatsuma "new revision credit general remarks" (Iwanami Shoten, 1964)
• The Fujio Obo "credit general remarks" [new publication] (有斐閣法律学全集, 1972)
• The Hidekazu Hoshino "civil law outline III credit general remarks" (excellent book spread society, 1978)
• The Masamichi Okuda "credit general remarks" [enlargement] (leisurely company, 1992)
• The Norio Hirai "credit general remarks" [the second edition] (Hirofumi temple, 1994)
• Takashi Uchida "civil law III credit general remarks, rights of the mortgagee" (Tokyo University publication society, first edition 1996)

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