PA340422 Debtor-Creditor Law

Hiroshima University Syllabus

Japanese

Academic Year 2024Year School/Graduate School Graduate School of Humanities and Social Sciences (Professional degree course) Division of Law School Program for Law Practice Professionals

Lecture Code PA340422 Subject Classification Specialized Education

Subject Name 債権回収法

Subject Name
（Katakana）サイケンカイシュウホウ

Subject Name in
English Debtor-Creditor Law

Instructor HARADA TAKEHIKO

Instructor
(Katakana) ハラダ　タケヒコ

Campus Higashi-Senda Semester/Term 3rd-Year, Second Semester, Second Semester

Days, Periods, and Classrooms (2nd) Tues1-2

Lesson Style Lecture Lesson Style
(More Details) 　

1) Lectures and questions and answers.
2) Students are expected to understand basic articles of Civil Code and Civil Proceedings Act, but we also deepen students' understanding by delivering lectures.

Credits 2.0 Class Hours/Week 　 Language of Instruction J : Japanese

Course Level 7 : Graduate Special Studies

Course Area（Area） 24 : Social Sciences

Course Area（Discipline） 01 : Law

Eligible Students

Keywords

Special Subject for Teacher Education 　 Special Subject 　

Class Status
within Educational
Program
(Applicable only to targeted subjects for undergraduate students)
Criterion referenced
Evaluation
(Applicable only to targeted subjects for undergraduate students)

Class Objectives
/Class Outline 【Outline of the course】
1) Claim management as a preventive law
2) Claim collection as settlement of a dispute
【Aims】
1) By using cases of claim management, students will obtain wider perspectives which cover from positive law and procedural law.
2) Students will understand conflicts between creditors and debtors from various perspectives such as Civil Code, Companies Act, Execution Act, Civil Provisional Remedies Act, and others. Also students will learn reality and theories concerning these measures.
3) As legal professionals, students will develop skills of claim collection and reconstruction of companies. Also, students are expected to develop abilities to explain in a simple way so that their clients can understand.

Class Schedule 1. Introduction: Basic knowledge of claim management
2. Claim management. Contract document
3. Issues concerning human security
4. Provisional collection, Management of prescription
5. Assignment of an obligation, as a means of collecting claims
6. Mandated collection (1)
7. Mandated collection (2)
8. Civil preservation
9. Collection of claims from distinctive debtor
10. Bankruptcy, failure, and collection of claims
11. Creditor's right of subrogation
12.Rescission right of creditor
13. Company spilit
14. Theory of disregard of corporate entity
15. Rights of person who uses a trade mark, wrap-up

Text/Reference
Books,etc. Example cases and recorded judical precedents are provided in classes.
It is preferable that students have "Bessatsu Jurist Vol.208 (Civil Execution, Civil Preservative Act) " .

PC or AV used in
Class,etc. 　

(More Details) Text，Resume，PC and so on

Learning techniques to be incorporated 　

Suggestions on
Preparation and
Review Please check on TKC for more information.

Requirements

Grading Method Final exam: 90% Class attendance: 10%

Practical Experience

Summary of Practical Experience and Class Contents based on it

Message Please check on TKC for more information.

Other

Please fill in the class improvement questionnaire which is carried out on all classes.
Instructors will reflect on your feedback and utilize the information for improving their teaching.

Academic Year	2024Year	School/Graduate School	Graduate School of Humanities and Social Sciences (Professional degree course) Division of Law School Program for Law Practice Professionals
Lecture Code	PA340422	Subject Classification	Specialized Education
Subject Name	債権回収法
Subject Name （Katakana）	サイケンカイシュウホウ
Subject Name in English	Debtor-Creditor Law
Instructor	HARADA TAKEHIKO
Instructor (Katakana)	ハラダ　タケヒコ
Campus	Higashi-Senda	Semester/Term	3rd-Year, Second Semester, Second Semester
Days, Periods, and Classrooms	(2nd) Tues1-2
Lesson Style	Lecture	Lesson Style (More Details)
1) Lectures and questions and answers. 2) Students are expected to understand basic articles of Civil Code and Civil Proceedings Act, but we also deepen students' understanding by delivering lectures.
Credits	2.0	Class Hours/Week		Language of Instruction	J : Japanese
Course Level	7 : Graduate Special Studies
Course Area（Area）	24 : Social Sciences
Course Area（Discipline）	01 : Law
Eligible Students
Keywords
Special Subject for Teacher Education		Special Subject
Class Status within Educational Program (Applicable only to targeted subjects for undergraduate students)
Criterion referenced Evaluation (Applicable only to targeted subjects for undergraduate students)
Class Objectives /Class Outline	【Outline of the course】 1) Claim management as a preventive law 2) Claim collection as settlement of a dispute 【Aims】 1) By using cases of claim management, students will obtain wider perspectives which cover from positive law and procedural law. 2) Students will understand conflicts between creditors and debtors from various perspectives such as Civil Code, Companies Act, Execution Act, Civil Provisional Remedies Act, and others. Also students will learn reality and theories concerning these measures. 3) As legal professionals, students will develop skills of claim collection and reconstruction of companies. Also, students are expected to develop abilities to explain in a simple way so that their clients can understand.
Class Schedule	1. Introduction: Basic knowledge of claim management 2. Claim management. Contract document 3. Issues concerning human security 4. Provisional collection, Management of prescription 5. Assignment of an obligation, as a means of collecting claims 6. Mandated collection (1) 7. Mandated collection (2) 8. Civil preservation 9. Collection of claims from distinctive debtor 10. Bankruptcy, failure, and collection of claims 11. Creditor's right of subrogation 12.Rescission right of creditor 13. Company spilit 14. Theory of disregard of corporate entity 15. Rights of person who uses a trade mark, wrap-up
Text/Reference Books,etc.	Example cases and recorded judical precedents are provided in classes. It is preferable that students have "Bessatsu Jurist Vol.208 (Civil Execution, Civil Preservative Act) " .
PC or AV used in Class,etc.
(More Details)	Text，Resume，PC and so on
Learning techniques to be incorporated
Suggestions on Preparation and Review	Please check on TKC for more information.
Requirements
Grading Method	Final exam: 90% Class attendance: 10%
Practical Experience
Summary of Practical Experience and Class Contents based on it
Message	Please check on TKC for more information.
Other
Please fill in the class improvement questionnaire which is carried out on all classes. Instructors will reflect on your feedback and utilize the information for improving their teaching.

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