||民法改正と個人保証 : 議論の整理 : 中小企業金融との関連において
Guarantee in the Civil Code
2015-09-30 , 成城大学経済研究所
Recently, the examination of the Civil Code (the credit treaties) has been argued in several committees. The Revision of the Civil Code was decided by the Cabinet at March 2015. This revision includes many issues such as the acquisitive,the defect and so on. One of these issues is the guarantee provision, especially the individual guarantee. The individualguarantee has been used for the fund raising of the SMEs. Many SMEs’s managers offer their own properties as a security for their debts of the banks, this is called the own individual guarantee. Not only the own individual guarantee, but also the third individual guarantee has been used in the finance of the SMEs. Once these individual guarantees are put into practice, the guarantor is forced to the miserable situation. For these problems many relief measures have introduced such as the prohibition of the third individual guarantee and the restriction of the own individual guarantee. But the new revision of the Civil Code does not provide the prohibition or restriction of the individual guarantees.