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Mareva injunction and Japanese provisional remedy Ikeda, Yoshifumi
Abstract
Private rights are enforced by the powers of the state where an obligee fails to comply with a court order. However, there is a timelag between the time the parties recognize there is a dispute and the time a court order resolving the dispute is rendered. Therefore, it is necessary to prevent the obligee from changing its position to the detriment of the obligor during that period. In a pecuniary claim this may be achieved by freezing a debtor's assets. On the other hand, it is required that a debtor continue his business and ordinary life. The world's various legal systems have responded to these two, oftentimes conflicting requirements in a number of ways. Two basic mechanisms have been invoked: a remedy in rem, which is an order directly affecting assets and a remedy in personam, which is an order enforced by threat of imprisonment. This thesis attempts to analyze the Mareva injunction in England and Canada, which is an injunction issued in respect of a pecuniary claim to prevent a defendant from disposing of his assets. The Mareva injunction is compared with the Japanese provisional remedy. Through this analysis, this thesis brings to light the merits and demerits of both the Mareva injunction and the Japanese provisional remedy from the point of view of how effectively an order succeeds in freezing a defendant's assets. This thesis also suggests a new law which may improve current practices in Japan as to provisional remedies.
Item Metadata
Title |
Mareva injunction and Japanese provisional remedy
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Creator | |
Publisher |
University of British Columbia
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Date Issued |
1998
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Description |
Private rights are enforced by the powers of the state where an obligee fails to comply with a
court order. However, there is a timelag between the time the parties recognize there is a
dispute and the time a court order resolving the dispute is rendered. Therefore, it is necessary
to prevent the obligee from changing its position to the detriment of the obligor during that
period. In a pecuniary claim this may be achieved by freezing a debtor's assets. On the other
hand, it is required that a debtor continue his business and ordinary life. The world's various
legal systems have responded to these two, oftentimes conflicting requirements in a number of
ways. Two basic mechanisms have been invoked: a remedy in rem, which is an order directly
affecting assets and a remedy in personam, which is an order enforced by threat of
imprisonment.
This thesis attempts to analyze the Mareva injunction in England and Canada, which is an
injunction issued in respect of a pecuniary claim to prevent a defendant from disposing of his
assets. The Mareva injunction is compared with the Japanese provisional remedy. Through this
analysis, this thesis brings to light the merits and demerits of both the Mareva injunction and the
Japanese provisional remedy from the point of view of how effectively an order succeeds in
freezing a defendant's assets. This thesis also suggests a new law which may improve current
practices in Japan as to provisional remedies.
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Extent |
8486203 bytes
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Genre | |
Type | |
File Format |
application/pdf
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Language |
eng
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Date Available |
2009-06-11
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Provider |
Vancouver : University of British Columbia Library
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Rights |
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
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DOI |
10.14288/1.0077553
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URI | |
Degree | |
Program | |
Affiliation | |
Degree Grantor |
University of British Columbia
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Graduation Date |
1999-05
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Campus | |
Scholarly Level |
Graduate
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Aggregated Source Repository |
DSpace
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Item Media
Item Citations and Data
Rights
For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.