SUBSTANTIAL AND COMPREHENSIVE RESEARCH CONCERNING PROTECTION OF CUSTOMERS IN CREDIT-TRANSACTIONS.

1993年，我对分期付款销售、消费金融、设备信托、商品经纪人和保理业务进行了大量研究。我研究的目的是了解现代信贷交易的特点。因此，我认识到在这种信贷交易中有一些共同的特点：(1)交易可以分为“环合”交易和一些信贷机构参与商品流通过程的交易。(2)我们应该根据每笔交易所涉及的各方来把握所关注的问题。(3)为了保护客户，最好适用日本民法典* 1-2 1994年，我研究了对客户销售资助者的防御切断。我今年的工作是收集、整理和考虑许多司法判例。结果，我发现了几个判决，其中对客户融资的切断防御得到了认可。这些判断表明：(1)我们有必要考虑信贷机构的政策——无论它在付款时是否知道商品已交付给客户——。(2)必须有代理权或虚构的意向声明，以便我们承认对客户的出资人的防御被切断。(3)我们还应该考虑信贷机构和客户之间的合作程度。(4)最后，法院必须集体考虑这些判决(（1)-(3)）。因为在现代信用交易中，我们最好适用日本民法典* 1-2。

In 1993 I conducted substantial research related to installment sales, consumer finance, equipment trusts, kainyuutorihiki (commodity brokers) and factoring. It was the aim of my research that wa understand characteristics of modern credit-transactions. As a result, I could recognize that in such credit-transactions there were some common characteristics :(1) Transactions can be divided into "ringed-united" transactions and transactions in which some credit-institutes are involved in the process of merchandise circulation.(2) We should try to grasp the concerns according to parties involved in each transaction.(3) For protection of customers it would be better to apply the Japanese Civil1 Code * 1-2In 1994 I examined the cut-off of defenses against financers of customer sales. My work this year was to collect, arrange and consider many judicial precedents. As a result, I discovered several judgments in which the cut-off defenses against financers of customers was recognized. These judgments suggest :(1) It is necessary that we consider credit-institute's Policies--if it had known of the delivery of merchandise to the customer at the time of its payment or not--.(2) There must be power of representation or fictitious declaration of intention so that we recognize the cut-off of defenses against financers of customers.(3) We should also consider the degree of co-operation between credit-institute and customer.(4) Finally, the Courts must collectively consider these judgments ( (1)-(3) ). Because it is best that we applies the Japanese civil Code * 1-2 in cases of modern credit-transactions.