A procedure in which, when permitted by law, the court, at the request of a party, issues a public notice to unknown and unclear interested parties, warning them of the loss of their rights, and demands them to report their rights. It is based on the Law on Public Notice and Demand Procedures. For example, when a stock certificate or bill is lost, this is carried out so that rights can be exercised without the document, and if no notice is filed within a certain period of time, a judgment is made declaring the document invalid (a judgment of removal of rights). There are also some that allow registration to be made without the cooperation of the person obligated to register when the person obligated to register is unknown and cannot be registered for cancellation, and some that demand a person to report that they are still alive as a prerequisite for a declaration of disappearance. → Related items Stock certificates | Public announcements Source : Heibonsha Encyclopedia About MyPedia Information |
法律の認めた場合に裁判所が当事者の申立てにより,公告の方法で,未知不分明な利害関係人に失権の警告を付して権利届出の催告をする手続。〈公示催告手続ニ関スル法律〉にもとづく。たとえば株券や手形を紛失した時,その証書なしでも権利が行使できるようにするために行われ,一定期間内に届出がない場合は,その証書を無効と宣言する判決(除権判決)が行われる。登記義務者が不明で抹消(まっしょう)登記ができない時に義務者の協力なしに登記できるようにするためのもの,失踪(しっそう)宣告の前提として生存の届出を催告するものもある。 →関連項目株券|公示 出典 株式会社平凡社百科事典マイペディアについて 情報 |
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