(JP¥2,800)
Condition is listed as "Poor" due to being cut. "Important Issues in Civil Trial Practice Explained by Judges [General Provisions on Claims]" Shintaro Kato / Masahiro Yoshikawa Dai-ichi Hoki Price: ¥5060 #ShintaroKato #MasahiroYoshikawa #Books #Society/Law #Cut #CutBook #Cut From the perspective of a judge, navigate the appropriate and speedy litigation activities of lawyers! An essential book for discovering problems in the conduct of litigation. Using case law as material, the book organizes issues, clarifies the current state of judicial practice, and provides guidance and explanations on what should be incorporated into arguments in practice. It minimizes the introduction of academic theories and the development of one's own theories, suppresses academic descriptions, and explains from the perspective of a judge in accordance with practice. Corresponding to the revision of the Law of Obligations. Corresponding to the revision of the Civil Code (Law of Obligations) enforced on April 1, 2020. Through examples created based on important case law regarding the general provisions on claims, the points to note in conducting litigation can be understood clearly and concisely. You can grasp all the points that are easily overlooked in the conduct of litigation from the perspective of a judge. You can accurately understand the case law that should be addressed in practice. Regarding important issues concerning the general provisions on claims, you can clearly understand how the conventional case law has been changed or not changed in response to the revision of the Civil Code (Law of Obligations). Written by judges currently active on the front lines, it allows for an appropriate understanding in accordance with practice. Table of Contents Chapter 1: The Effect of Claims (Impossibility of Performance, Delay in Performance, Delay in Acceptance, Damages) Concept of impossibility of performance, validity of contracts with initial impossibility (Article 412-2) Attributable cause (Article 415) Delay in acceptance (Article 413) Impossibility of performance during delay (Article 413-2) Delay in performance/impossibility of performance and compensation for damages (Article 415, Paragraph 2) Deduction of intermediate interest and interest rate on delay damages (Articles 404, 417-2, 419, 722, Paragraph 1) Contributory negligence (Article 418) Agreed damages (Article 420) Right to claim for compensation (Article 422-2) Chapter 2: Preservation of the Debtor's Assets (Creditor's Subrogation Right, Right to Revoke Fraudulent Acts) Exercise of creditor's subrogation right and the debtor's authority to dispose of the subrogated right (Article 423-5), method of participating in litigation Subrogation of registration/enrollment claims as a diverted type of creditor's subrogation right (Article 423-7) The debtor's actions before the occurrence of the secured claim and the right to revoke fraudulent acts (Article 424, Paragraph 3)... Chapter 3: Claim Relationships of Multiple Parties (Joint and Several Obligations, Guarantee, Assignment of Claims, Assumption of Debt) Chapter 4: Extinction of Debt (Performance, Performance in Lieu, Set-off)
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雪やこんこん
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