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Volume 38 - Issue 3 - December 1991

Contents

Page 1 of 2

Articles

  • Clash of the Titles: Japan's Secured Lenders Meet Civil Code Section 395

  • Frank G. Bennett, Jr
  • Published online by Cambridge University Press:
    21 May 2009, pp. 281-311

  • Under the early common law, a mortgage often took the form of a fee simple conveyance to the lender, subject to defeasance in favor of the borrower if the debt were repaid on time and in full. Before equity intervened, any failure by the borrower to fulfil the exact terms of the mortgage worked a complete forfeiture of the borrower's interest in the property. Lenders confronted with a choice between what is right and what is legal signalled their choice by meticulous preparation for court proceedings. Defaulting widows and their children were left with devastating cause for sorrow, but no cause of action against the foreclosing mortgagee.

Shorter Articles

Netherlands Judicial Decisions Involving Questions of Private International Law

Book Reviews

Page 1 of 2