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つくばリポジトリ (Tulips-R) >
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私法 >
Please use this identifier to cite or link to this item:
http://hdl.handle.net/2241/105360
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| Title: | 不動産小口化投資における「投資家の権利」 |
| Other Titles: | The Meaning of "the Rights of Investor" in Investment Contracts for Sub-divided Real Estates |
| Authors: | 星野, 豊
ホシノ, ユタカ |
| Issue Date: | Apr-2003 |
| Publisher: | 有斐閣 |
| Journal Title: | 私法 |
| Issue: | 65 |
| Start Page: | 262 |
| End Page: | 268 |
| Abstract: | The purpose of this paper is to consider the meaning of "the Rights of Investor"
in investment contracts for subdivided real estates.
As to such contracts, there are types of legal problems, which ate argued in lawsuits
in these days; 1. How to guard the interests of investor when the management
of the investment is failed? Can the investors dissolve the whole contracts
when a part of the contracts is defaulted?; 2. How structured of the legal relationships
between the investors and the originator, or among the investors? What
rights and obligations are held in each investor to the orginator or other investors?;
3. how to solve the eonficts between the investors and the third paties, ex.
tenants, creditors, etc. Whether the investors have to owe the joint obligations to
the third paties or not?:; As to these problems, the basic view-points have neither
been settled in ,courts deci'sions yet, nor in theoretical works.
In this paper, I try. to show the basic view-points of my own for such legal
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problems of the investment for subdivided real estates;
1. As to the contracts between investors and the originator, the choices of the
investors are to be respected, on condition that the informations of such investment
are approprietly disclosed from the originator to the investors; and all gains
and losses are to be vested in investors,. because they are the results of the choices
of the investors.
2. As to the conflicts between the investors and the third parties, the investment
contracts should be construed as the terms expressed by the contract parties, including
investors.
The standard of the judgement whether the contract is "investment" or not, and
how structured the disclosure of the informations, are the subjects for further discussion.
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| URI: | http://hdl.handle.net/2241/105360 |
| Text Version: | publisher |
| Appears in Collections: | 私法
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