Revival of Mortgage with a Third-party Prior to Consent without Objection
増井, 隆彦 ,
マスイ, タカヒコMasui, Takahiko
国際研究論叢 : 大阪国際大学紀要 = OIU journal of international studies
34 , 2016-03-31
In regard to the assignment of obligations, if the debtor has consented without objection, then according to Clause 468 Paragraph 1 of the Civil Code, even if the debtor is opposed to the assignee, they cannot oppose the assignee in this context. However, if it is transfered after the secured claims of this mortgage have been extinguished by settlement, then in regard to this transfer, if the debtor consents without objection, then the mortgage should not be revived to a third party acquirer that has existed since before the settlement.