论文部分内容阅读
一、债权法修改的对象《日本民法典》,特别是第三编债权、第一编总则的法律行为、时效等部分,从民法典制定以来没有做过大的修改。总则编第二章“人”中1999年删除了禁治产·准禁治产制度,新设了成年人监护制度。2006年删除了第三章“法人”的大部分规定,将其移人一般社团法人中。第二编“物权”1971年在担保权中新设了抵押权制度,并在2003年担保·执行制度修改时一并对其进行了修改。债权编也在2004年现代语化时,修改了保证制度,但此外就没有修改过了。一
First, the object of the amendment of the creditor’s rights law “Civil Code of Japan,” especially the third series of claims, the first part of the general legal acts, timeliness and other parts of the Civil Code has not been made since the establishment of major changes. In Chapter II of the General Rules, the system of banning and controlling drugs and quarantine was abolished in 1999 and a new adult guardianship system was newly established. In 2006, most of Chapter III “corporation” was deleted and transferred to general corporate judicial persons. The second part of the “real right” in 1971 in the security right to create a new mortgage system, and in 2003 when the security and enforcement system changes have been amended. When the creditor’s rights code was also modernized in 2004, the guarantee system was modified but no other changes were made. one