Departmental Bulletin Paper 異議を留めない承諾前の第三取得者と抵当権の復活
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

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.

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