日本担保法制改革

2003年日本修改担保法及民事执行法,扩大雇佣关系先取特权范围,新设不动产收益执行制度,新设抵押权消灭请求制度,明确了根抵押权本金确定事由,2004年修改民法,重新整备保证债务规定,还对根保证契约的范围、本金确定期日、本金确定事由等重新做出规定,基本实现了担保法制的合理化.

The Reform of Japanese Hypothec Law

Japanese hypothec law and civil enforcement law was revised in 2003,expanding the scope of employment relationship priority;Making clear the causes to determine principal of mortgage right at maximum amount.Implementation system of real estate receipts and mortgage eradication request system was established.When Japanese civil law was amended in 2004,guarantee debt provisions were re-equipped,such provisions as extent of contracts of maximum amount mortgage,determining date of principal and determining reasons of principal were added,so that the rationalization of security law are basically achieved.