土壌汚染と担保価値 (特集 不動産と情報) -- (小企画2 情報提供における法的課題--不完全情報下での消費者救済)
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概要
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The soil pollution seriously affects the value of the land not only as the object of a sale but also as the object of a collateral. The creditor who is provided with the land as a collateral needs to assess or reassess the accurate value of the land affected by the soil pollution before and after the establishment of the collateral and at the foreclosure of the collateral. The Standard Rules of Real Estate Appraisal may also be applied to the valuation of the land as a collateral affected by the soil pollution. However, at the assessment or reassessment of the value of the polluted land the creditor should adequately take into account not only the present use of the land but also its potential and should not take the stigma into consideration to depreciate the value of the polluted land.