Assets that generate revenue. Generally refers to the principal that produces legal fruits, but especially refers to loans that produce interest (→ interest) (→ fruits). It includes intangibles such as intangible property rights, and is broader than the principal, which is tangible. If the ward receives or uses the principal, the consent of the curator (→ curator) is required (Civil Code Article 13, Paragraph 1, Item 1). In addition, if the debtor's payment does not satisfy all of the expenses and interest of the debt in addition to the principal, they will be appropriated according to the agreement, if there is an agreement, and if there is no agreement, they will be used to pay the expenses → interest → principal in that order (Civil Code Article 491, Paragraph 1). Source: Encyclopaedia Britannica Concise Encyclopedia About Encyclopaedia Britannica Concise Encyclopedia Information |
収益を生む元になる財産。一般に法定果実を生じさせる元物をいうが,特に利息(→利子)を生じさせる元となる貸金をいう(→果実)。無体財産権など無体物を含み,有体物である元物よりは広い。元本の領収,利用を被保佐人がなす場合は保佐人(→保佐)の同意を要する(民法13条1項1号)。なお,元本のほか,債務の費用,利息を支払うべき場合に,債務者の提供した弁済がそのすべてを満足しないときは,合意があればその合意に従って充当され,合意がなければ費用→利息→元本の順で弁済にあてられる(491条1項)。
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