著者

大橋 亨

出版者

新潟大学

雑誌

現代社会文化研究 (ISSN:13458485)

巻号頁・発行日

vol.25, pp.1-18, 2002-11

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The purpose of this paper is to test the following question. Does the Insolvency Law system of Japan offer an opportunity for highly motivated persons to reconstruct their bankrupt business or to start up his or her enterprise again even if they once went wrong? The method of my research is to compare Japanese Insolvency Law system with that of U.S.A. The contents of the paper are the following. Section 1 surveys and analyzes the Japanese and U.S. bankruptcy number of cases from various viewpoints. With Section 2, the focus of my research is applied to Minji-Saisei procedure, i.e. civil rehabilitation procedure, DIP finance and the amount of exemption from enforcement of the property's settlement. With Section 3, the Japanese Insolvency Law system is concluded insufficient as the system for re-challenging for motivated persons.