一、前言最近,在实务当中,债权保全或债权担保的目的方面缔结的各种条约(特约)不断增多。过去,期限利益丧失条款、抵销预约、各种停止条件条款或破产解除特约等只在默认设想的执行协议存在过,但近期,关于中长期贷款的制约条款也被广泛使用起来。因此,担保的新功能“管理功能”(经营监视功能)在进行定性分析时得以出现。这些只是以制约债务者的事业和资产的管理或处分的目的而达成的协议,但是其协议的法律效力问题仍然没 I. INTRODUCTION Recently, in practice, various treaties (concessions) concluded in connection with the purpose of debt-claims or debt guarantees have been on the rise. In the past, terms of term loss of benefits, offsetting appointments, various terms of stay, or bankruptcy lien had existed only in the default envisaged implementation agreements, but in the near term, restrictions on medium and long-term loans have also been widely used. As a result, the new guaranteed function “Management Functions ” (Business Monitor Functions) appears during qualitative analysis. These are agreements reached to restrict the debtor’s business and the management or disposal of assets, but the legal effect of the agreement remains