Claims assignment management device, claims assignment system, and claims assignment management program
The claim assignment management device and system address the limitations of conventional electronic contracts by ensuring third-party opposition and confidentiality through a notary public's fixed date and witness-type electronic signatures, facilitating secure electronic claim assignment transactions.
Patent Information
- Application Number
- JP2024046313
- Authority / Receiving Office
- JP · JP
- Patent Type
- Applications
- Current Assignee / Owner
- Filing Date
- 2024-03-22
- Publication Date
- 2025-10-03
AI Technical Summary
Conventional electronic contract schemes fail to satisfy third-party opposition requirements for general claim assignment agreements, and existing blockchain-based systems do not adequately address the need for confidentiality in claim assignment transactions.
A claim assignment management device and system that includes a storage device, assignment request acceptance, electronic contract linking, fixed date assignment, and claim assignment procedure, ensuring third-party opposition requirements and confidentiality through a notary public's fixed date and witness-type electronic signatures.
Enables the electronic execution of general claim assignment contracts while meeting third-party opposition requirements and maintaining confidentiality, allowing secure and efficient transfer of claim rights among parties.
Smart Images

Figure 2025145853000001_ABST
Abstract
Description
[Technical Field]
[0001] The present invention relates to a claim assignment management device, a claim assignment system, and a claim assignment management program that are capable of executing transactions online. [Background technology]
[0002] The spread of teleworking has led to the spread of electronic contracts, which require identity verification and tamper-proofing of the electronic contract.
[0003] For this reason, electronic signatures are essential when concluding electronic contracts. Currently, there are two types of electronic signatures: the first-party type, in which the parties certify and sign, and the witness type, which uses the cloud. The first-party type is a trust service that provides electronic certificates for digital signatures locally, such as e-Tax, while the witness type is an electronic contract service that executes digital signatures on the cloud.
[0004] An electronic signature is equivalent to a seal or signature on a paper contract, and is used to prove that the document was created by the person making the signature and has not been tampered with. The addition of an electronic signature proves the person's authorization of the electronic signature, making it valid as evidence. Electronic signatures primarily use a technology known as public key cryptography, which encrypts and decrypts documents using a public key and a private key. The public key is publicly available, but the private key is held only by the recipient. This prevents it from being deciphered by third parties and prevents leaks and tampering.
[0005] However, depending on the type of electronic contract, it may be necessary to prove the authenticity of the electronic contract in addition to verifying the identity and non-tampering of the contract.
[0006] For example, in Patent Document 1, an electronic contract server performs electronic contract processing to conclude various contracts between a customer using a terminal device and a bank (bank employee) using a terminal device of the bank, etc., via the web screens of both devices. According to the electronic contract server, rather than having the contracting party sign only the electronic contract, the electronic contract server issues an electronic signature to an electronic contract that includes information (unique information) that uniquely represents the content of a video conference filmed during the period leading up to the conclusion of the electronic contract. This discloses a configuration that provides high evidential value for the identity verification of the contracting parties for electronic contracts concluded by the electronic contract server's electronic contract processing, and proves the authenticity of the conclusion in addition to proving that the contract has not been tampered with.
[0007] On the other hand, for example, with the development of networks, so-called "crowdfunding" has emerged, in which an unspecified number of people provide financial resources and support to other people and organizations via the Internet. By using such crowdfunding, fundraising is actively being conducted to collect funds from individual investors for loans to corporations and for purchasing assets such as real estate.
[0008] In this environment, the "Act on Securitization of Assets," also known as the SPC (Special Purpose Company) Act, was enacted in 1998, and after amendments in 2001 expanded the scope of claims eligible for securitization to all property rights (including real estate), crowdfunding for real estate investments has also become popular. Anything with asset value can now be securitized, and it became clear that this includes real estate.
[0009] Here, real estate securitization is a system that makes it easier for ordinary investors to invest in real estate by securitizing the rights to receive the revenue generated by physical real estate, particularly by making it smaller (reducing the amount that can be invested).
[0010] To provide real estate crowdfunding investment services, operations must comply with the Real Estate Specified Joint Enterprise Act, as stipulated by the Ministry of Land, Infrastructure, Transport and Tourism. Therefore, real estate companies operating real estate crowdfunding sites are registered under the Real Estate Specified Business Act.
[0011] The requirements for permission to operate under the Real Estate Specified Joint Venture Act are: i) a real estate license; ii) a solid financial foundation and a personnel structure capable of carrying out business fairly and appropriately; iii) contract terms and conditions that meet the standards (only if targeting general investors); and iv) the placement of a business manager at each office (3 years or more of experience in non-specialized business, practical training, registration certification business, etc.).
[0012] Among these, businesses with capital of 100 million yen or more are called Type 1 businesses. The role of Type 1 businesses is to conclude real estate purchase and rental contracts, manage the property, and distribute profits. In addition to entering into anonymous partnership agreements with individual investors, they also handle the practical aspects of real estate management.
[0013] This type of real estate securitization scheme allows investors to invest in securitized real estate properties (office buildings, rental apartments, logistics centers, etc.) without having to own the actual property or invest large amounts of capital, thereby enjoying the rental income and capital gains generated by the property. In other words, investors are "creditors" in this scheme, possessing the rental income and capital gains generated by the property. Meanwhile, for example, Type 1 operators are "debtors" in the sense that they must distribute the profits. Furthermore, Type 3 operators are entrusted by an SPC (special purpose company) dedicated to managing real estate crowdfunding to conduct real estate transactions such as buying and selling. Aside from the SPC's involvement, they perform the same operations as Type 1 operators. Type 4 operators, like Type 3 operators, are entrusted by the SPC to act as agents and intermediaries for contract conclusion, such as collecting and distributing investments from investors. In this case, the SPC is the "debtor," and Type 3 and Type 4 operators are executing operations under the commission of the "debtor (SPC)."
[0014] Projects implemented by Type 1 operators are called "Type 1 projects," while projects involving Type 3 operators and Type 4 operators are called "special projects."
[0015] For example, Patent Document 2 discloses a configuration in which securities and other securities are securitized into small lots, and all procedures from sales to redemption are completed online. In particular, when small lots of securities are transferred between investors, the procedures required to ensure that the assignment of claims is perfected against third parties are also completed online. This simplifies the procedures for buying and selling digitized securities and enables the transfer of rights between investors to be perfected against third parties. As a result, investors can be provided with unprecedentedly flexible and safe opportunities for investment recovery, which is said to lead to active investment. [Prior art documents] [Patent documents]
[0016] [Patent Document 1] JP 2022-159911 A [Patent Document 2] Patent No. 7179254 specification Summary of the Invention [Problem to be solved by the invention]
[0017] However, with conventional electronic contract schemes such as those in Patent Document 1, although it is possible to increase the evidential value of the identity verification of the contracting parties when a creditor assignment agreement is concluded between creditors, the creditor assignment agreement cannot be said to be a contract that satisfies the requirements for asserting rights against third parties.
[0018] Therefore, if a double transfer occurs, it cannot be asserted against a third party.
[0019] On the other hand, in the electronic contract scheme disclosed in Patent Document 2, when a receivables assignment contract is made electronic, a certificate to ensure the transfer of securities against third parties is also created and managed on a blockchain, which allows the transfer of securities rights to be carried out through simple procedures and also enables the determination of the rights relationship related to the transfer between the debtor and other third parties upon the transfer of rights.
[0020] However, the scheme in Patent Document 2 assumes that a "silent partnership agreement" has been concluded with a special purpose company or the like, and it is not necessarily possible to execute more general claim assignment agreements (such as the assignment of insurance policies or more general beneficiary rights) as electronic contracts and have these electronic contracts satisfy the requirements for perfection against third parties. Furthermore, because it assumes a silent partnership agreement, the content of transactions between the assignor and assignee of claims will be shared with other investors in the partnership. As a result, no consideration is given to the electronic execution of general claim assignment agreements in which the parties wish to maintain confidentiality from anyone other than the parties themselves unless necessary.
[0021] The present invention has been made with the aim of solving the problems described above, and aims to provide a claim assignment management device and claim assignment system that can ensure the satisfaction of third-party opposition requirements when a general claim assignment contract is concluded between the parties as an electronic contract.
[0022] The present invention aims to provide a claim assignment management device and claim assignment system that can execute the process of concluding a general claim assignment contract electronically between the parties, while ensuring third-party opposition requirements and sharing information only between the parties. [Means for solving the problem]
[0023] According to one aspect of the present invention, there is provided a claim assignment management device managed by a debtor for electronically executing a claim assignment agreement with terminals of multiple users who have claims, the device comprising: a storage device for registering information on creditors of rights and information on the rights held by the creditors; an assignment request acceptance means for accepting, via a communication line, a request for assignment of rights from a claim assignor among the registered creditors; an assignment request acceptance means for accepting, via the communication line, a request for assignment from a person wishing to receive the rights in response to an assignment request posted via the communication line; an electronic contract linking means for linking with an electronic contract system for concluding a claim assignment agreement as an electronic contract together with an electronic signature between the claim assignee, the claim assignor, and the debtor, via the communication line; a fixed date assignment application means for applying, via the communication line, for a notary public to assign a fixed date to the concluded claim assignment agreement; and a claim assignment procedure means for storing information serving as evidence that a fixed date has been assigned by the notary public in the storage device while storing it in the terminal of the claim assignor and the terminal of the claim assignee, and updating the right information in the storage device in accordance with the claim assignment agreement.
[0024] Preferably, the means for applying for the grant of a fixed date applies for the granting of a fixed date by a notary public in response to the debtor approving the electronic contract and the electronic signature.
[0025] Preferably, the application means for assigning a fixed date submits an application for assigning a fixed date to an electronic fixed date center operated by an organization of notaries, along with an electronic document file of a specified format for the electronic contract, and the electronic fixed date center, in response to the application for assigning a fixed date, returns a single electronic official document by associating an electromagnetic record file recording information regarding the fixed date with an electronic document file of the specified format.
[0026] Preferably, the transfer request acceptance means includes a matching means for, when there are multiple transfer applicants, matching the claim assignor with the transfer applicants and determining the claim assignee, and the electronic contract linking means executes linking processing by the matching means to conclude a claim assignment agreement as an electronic contract between the matched claim assignee, claim assignor, and debtor.
[0027] Preferably, the electronic signature in the electronic contract system is a witness-type electronic signature.
[0028] According to another aspect of the present invention, there is provided a claim assignment system for electronically executing a claim assignment contract among terminals of a plurality of users who have claims, the system comprising: an electronic contract server for operating an electronic contract system that provides a service for electronically concluding a claim assignment contract; and a claim assignment management server managed by a debtor of the claim, the claim assignment management server comprising a storage device that registers information on creditors of rights and information on rights held by the creditors; an assignment request receiving means that receives, via a communication line, a request for assignment of rights from a claim assignor among the registered creditors; and a means that receives, via the communication line, a request for assignment from a person wishing to receive the right in response to the request for assignment being posted via the communication line. the claim assignment system comprises: an assignment request acceptance means for accepting requests via the electronic contract system; an electronic contract linking means for performing processing in conjunction with the electronic contract system to conclude a claim assignment agreement as an electronic contract between the claim assignee, claim assignor, and debtor via a communication line together with an electronic signature; a fixed date assignment application means for applying via a communication line for a notary to assign a fixed date to the concluded claim assignment agreement; and a claim assignment procedure means for storing information serving as evidence that a fixed date has been assigned by the notary public in the claim assignor's terminal, the claim assignee's terminal, and a storage device using the electronic contract system, and updating the information on the rights in the storage device in accordance with the claim assignment agreement.
[0029] Preferably, the means for applying for the grant of a fixed date applies for the granting of a fixed date by a notary public in response to the debtor approving the electronic contract and the electronic signature.
[0030] Preferably, the application means for assigning a fixed date submits an application for assigning a fixed date to an electronic fixed date center operated by an organization of notaries, along with an electronic document file of a specified format for the electronic contract, and the electronic fixed date center, in response to the application for assigning a fixed date, returns a single electronic official document by associating an electromagnetic record file recording information regarding the fixed date with an electronic document file of the specified format.
[0031] According to yet another aspect of the present invention, there is provided a claim assignment management program for causing a computer to execute a claim assignment process managed by a debtor in order to electronically execute a claim assignment contract with terminals of a plurality of users who have claims, the computer having a processing unit and a storage unit for registering information on creditors of rights and information on rights held by the creditors, the processing unit receiving a request for assignment of rights from a creditor assignor among the registered creditors via a communication line, and a processing unit receiving a request for assignment from a person who wishes to receive the right via the communication line in response to the request for assignment being posted via the communication line. The system executes the following steps: a step in which the computing device performs processing in cooperation with an electronic contract system to conclude a claim assignment agreement as an electronic contract with an electronic signature between the claim assignee, the claim assignor, and the debtor via a communication line; a step in which the computing device applies for a notary to affix a fixed date to the concluded claim assignment agreement via a communication line; and a step in which the computing device uses the electronic contract system to store information that serves as evidence that the fixed date has been affixed by the notary in the claim assignor's terminal, the claim assignee's terminal, and the storage device, and updates the information on the rights in the storage device in accordance with the claim assignment agreement. [Effects of the Invention]
[0032] According to the present invention, it is possible to execute the process of concluding a general receivables assignment contract electronically between the parties while ensuring the requirement for third party perfection.
[0033] Furthermore, according to the present invention, it is possible to execute the procedure for concluding a contract by sharing information about the contents of the receivables assignment contract among the parties to the assignment contract. [Brief explanation of the drawings]
[0034] [Figure 1] 1 is a conceptual diagram illustrating the configuration of a claim assignment system 100 according to an embodiment. [Figure 2] FIG. 1 is a functional block diagram for explaining the configuration of a claim assignment management server 1000. [Figure 3]1 is a conceptual diagram showing the processing flow of the claim assignment system 100. FIG. [Figure 4] 10 is a flowchart showing the processing flow of the claim assignment system 100. [Figure 5] FIG. 1 is a conceptual diagram illustrating the concept of witness-type electronic signature. [Figure 6] 10 is a flowchart showing the procedure for assigning an electronic confirmation date. [Figure 7] FIG. 15 is a diagram showing the concept of the configuration of a creditor information DB 1500.1. [Figure 8] FIG. 1 is a block diagram for explaining the hardware configuration of the claim assignment management server 1000. DETAILED DESCRIPTION OF THE INVENTION
[0035] Hereinafter, a claim assignment system according to an embodiment of the present invention will be described with reference to the drawings.
[0036] In the following, we will explain an example of a claims assignment contract using the "transfer of claims included in silent partnership equity interests (the so-called "secondary (distribution market)"). However, the present invention is not limited to such cases, and is more generally applicable to cases where claims assignment contracts such as "trust," "insurance," "corporate bonds," and "securities" are concluded by electronic contract.
[0037] In the following description, the same parts are denoted by the same reference numerals and their descriptions will not be repeated as a rule.
[0038] Furthermore, the drawings referred to are used to explain the technical features that may be adopted by the present invention. The configurations of the devices and flowcharts of various processes described therein are merely illustrative examples, and are not intended to limit the present invention to those alone.
[0039] FIG. 1 is a conceptual diagram illustrating the configuration of a claim assignment system 100 according to an embodiment.
[0040] Referring to FIG. 1, a claim assignment system 100 is a system for electronically executing a claim assignment contract among terminals 5000.1 to 5000.P (P: natural number, P≧2) of a plurality of users who have claims.
[0041] The claim assignment system 100 includes a claim assignment management server 1000 managed by the debtor of the claim, an electronic contract service providing server 2000 for operating an electronic contract system that provides services for electronically concluding claim assignment contracts, a fixed date assignment service server 3000, and notary public office terminals 4000.1 to 4000.Q (Q: natural number, Q≧2).
[0042] Although not particularly limited, for example, the claim assignment management server 1000 is a server operated by a Type 1 business operator under the Real Estate Specified Joint Enterprise Act, and the terminals 5000.1 to 5000.P are terminals used by investors in securitized and fractionalized real estate, and transfers of beneficial rights to the real estate that they own are made between these investors. Therefore, as an example, in Figure 1, the terminal 5000.1 is described as the terminal of the claim assignor, and the terminal 5000.P is described as the terminal of the claim assignee.
[0043] The electronic contract service providing server 2000 is generally a server that provides a service for electronically advancing contract procedures, where the electronic contract is implemented in a predetermined format of electronic document file, for example, PDF (Portable Document Format).
[0044] The fixed date assignment service server 3000 is, for example, a server that can be accessed from the comprehensive application software provided by the Ministry of Justice. The comprehensive application software is software that can perform all operations from application form creation to electronic signature assignment, transmission, acquisition of electronic official documents, and data management, and can perform all procedures handled by the registration and deposit online application system. The fixed date assignment service server 3000 is, for example, a server operated by the Electronic Fixed Date Center operated by the Japan Federation of Notaries Public.
[0045] By going through the confirmation date assignment service server 3000, companies and individuals who require the assignment of an electronic confirmation date can apply to one of the designated local notary public offices from anywhere in Japan and receive the assignment. In other words, an electronic confirmation date can be assigned without visiting a notary public office. Furthermore, if a user wishes to save data related to the electronic confirmation date, the data will be securely stored for 50 years. For more information on the Electronic Confirmation Date Center, please see below. Publicly known document 1: https: / / www.koshonin.gr.jp / center
[0046] However, the fixed date assignment service server 3000 is not limited to this configuration as long as it is online and can receive the fixed date assignment process by a notary public.
[0047] FIG. 2 is a functional block diagram for explaining the configuration of the claim assignment management server 1000.
[0048] Referring to Figure 2, the claim assignment management server 1000 includes an electronic contract service providing server 2000, a confirmation date assignment service server 3000, terminals 5000.1 to 5000.P, a communication interface 1002 for communication via a communication line, for example, the Internet 2, an arithmetic processing unit 1100 for executing processing as an information management server, and a memory 1200 that functions as a working memory for the arithmetic processing unit 1100 and in which programs are stored.
[0049] 2, the claim assignment management server 1000 is shown configured to exchange data with a storage device 1500 via a communication interface 1002. The storage device 1500 stores a creditor information database (hereinafter referred to as "creditor information DB") 1500.1 and a status information management database (hereinafter referred to as "status information management DB") 1500.2. The storage device 1500 may be an internal storage device provided within the claim assignment management server 1000, an external storage device connected to the claim assignment management server 1000 by wire, or a data server that exchanges data via a network.
[0050] 2, as described above, the storage device 1500 registers attribute information of creditors of rights and information on rights held by the creditors. The claim assignment management server 1000 includes an assignment request application receiving unit 1110 that receives, via a communication line, requests for assignment of rights from creditor assignors among the registered creditors, a relevant case posting processing unit 1120 that, upon receiving a request for assignment, posts on terminals 5000.1 to 5000.P that there is a request for assignment of the relevant case, an assignment request receiving unit 1130 that receives, via a communication line, requests for assignment from those wishing to receive the rights in response to the request for assignment being posted via the communication line, an assignment matching unit 1140 that, when there are multiple applicants for assignment, matches the claim assignor with the applicant and determines the claim assignee, and a claim assignment agreement is concluded as an electronic contract via a communication line between the claim assignee, the claim assignor, and the debtor. To this end, the electronic contract system is provided with an electronic contract linking unit 1150 that performs processing in cooperation with the electronic contract system, a fixed date assignment application unit 1160 that applies for the assignment of a fixed date by a notary public to a concluded debt assignment contract via a communication line, a status sharing unit 1170 that shares status information on the progress of the electronic contract and the assignment of a fixed date between the debt assignor's terminal 5000.1 and the debt assignee's terminal 5000.P, and a debt assignment procedure unit 1180 that stores information that serves as evidence that a fixed date has been assigned by a notary public in the memory device 1500 while using the electronic contract system to store it in the debt assignor's terminal and the debt assignee's terminal, and further updates the information on rights in the memory device 1500 in accordance with the debt assignment contract.
[0051] FIG. 3 is a conceptual diagram showing the flow of processing in the claim assignment system 100.
[0052] FIG. 4 is a flowchart showing the processing flow of the claim assignment system 100.
[0053] Referring to Figures 2, 3 and 4, first, when an application for transfer of a claim (share) is made from the claim assignor's terminal 5000.1 (i in Figure 3, S100 in Figure 4), the transfer application reception unit 1110 of the claim assignment management server 1000 accepts the claim assignor's request for transfer of rights via the Internet 2 (step S102 in Figure 4).
[0054] In response to receiving the transfer request, the relevant item posting processing unit 1120 posts a message on a specified service page (hereinafter referred to as "my page") of terminal 5000.1 to 5000.P indicating that there is a transfer request for the relevant item (ii in Figure 3, S104 in Figure 4).
[0055] When a claim (share) transfer application is made from the terminal of a claim holder (aspiring transferee) who wishes to transfer the claim (S106 in FIG. 4), the transfer application acceptance unit 1130 accepts the transfer application from the claim transferee via a communication line (S108 in FIG. 4). If there are applications from multiple aspiring transferees (Y in S110 in FIG. 4), the transfer matching unit 1140 matches the transfer applicants with the aspiring transferees (iv in FIG. 3, S111 in FIG. 4).
[0056] Here, although not particularly limited, this matching may be performed by, for example, selecting as the transferee the transferee who proposes the highest price within the range of transfer prices set by the transferee. Alternatively, if the transferee has other preferences regarding the attributes of the transferee, the transferee who proposes the highest price within the range that matches those attributes may be selected as the transferee.
[0057] Next, in response to the claim assignee being selected through matching, the electronic contract linking module 1150 transmits the electronic contract (e.g., in PDF format) for the claim assignment to the electronic contract service providing server 2000 in order to conclude the electronic contract as a three-party contract between the debtor, claim assignor, and claim assignee (v in FIG. 3, S112 in FIG. 4). Although not limited to this, linking between the electronic contract linking module 1150 and the electronic contract service providing server 2000 can be implemented via a WebAPI.
[0058] The electronic contract service providing server 2000 creates an electronic contract using the contract PDF and the names and email addresses of each party, digitally signing it, and sends it to the claim assignee's terminal 5000.P (vi in FIG. 3, step S114 in FIG. 4). The claim assignee's terminal 5000.P, the claim assignor's terminal 5000.1, and the electronic contract linking module 1150 each receive the email and electronic contract in sequence, and approve the electronic signature (S116, S118, S120 in FIG. 4).
[0059] The electronic contract linking module 1150 receives the progress status of the electronic contract from the electronic contract service providing server 2000 and shares it with the claim assignment management server 1000 (vii in Fig. 3). On the other hand, after the contract is concluded, the electronic contract is sent from the electronic contract service providing server 2000 and is stored in the storage device 1500 of the claim assignment management server 1000 and in the My Page folder in the storage unit of the terminals of each party (claim assignor, claim assignee) (viii in Fig. 3).
[0060] Next, the fixed date assignment application module 1160 applies for electronic fixed date assignment to the fixed date assignment service server 3000 (ix in Figure 3, S122 in Figure 4), and when the fixed date assignment service server 3000 accepts the application, the designated notary public official sends a status of acceptance confirmation from the official's terminal, and the status of the fixed date assignment is shared with the relevant parties (including the claim assignment management server 1000, the claim assignor, the claim assignee, and the notary public's terminal at the notary public's office) (x in Figure 3, S126 in Figure 4).
[0061] The progress status of the assignment of the confirmation date is displayed on the personal page of the claim assignee's terminal 5000.P and the claim assignor's terminal 5000.1 (S132, S134 in Figure 4), and the progress status is also notified to the claim assignment management server 1000, which confirms it (S130 in Figure 4).
[0062] Once the notary public's office staff has completed the procedure for obtaining the electronic confirmation date (S140 in Figure 4), the PDF file of the contract, which has become a public document, and the "file related to the date (including data proving the date)" are stored together in the parties' My Page folders (S142, S146, S148 in Figure 4).
[0063] When the claim assignment procedure unit 1180 confirms that the procedure has been completed, it stores the PDF file of the contract and the "date-related file (including data certifying the date)" together in the storage device 1500, and updates the rights information in the storage device 1500 in accordance with the claim assignment contract (S144 in Figure 4).
[0064] In other words, unlike the confirmed date obtained for paper documents, electronic official documents created using the above procedure do not have a "confirmed date stamp" or similar marking on the PDF document (PDF file) itself that is the subject of the confirmed date. Instead, three files are linked together to form a single electronic official document: an electromagnetic record file (XML file) that records "date information," an electromagnetic record file (XSL file) that records other information, and a PDF file.
[0065] The progress status displayed on the creditor's terminal 5000.1's My Page includes, for example, the following: This information is stored and updated as needed in the status information management DB 1500.2 in the storage device 1500 of the creditor's transfer management server 1000. · Transfer application completed Currently seeking a buyer Transfer matching completed Transfer agreement sent Transfer agreement currently being concluded (Transferor currently being confirmed) (Transferee currently being confirmed) Transfer agreement signed · Electronic confirmation date acquisition in progress Transfer procedure completed
[0066] On the other hand, the progress status displayed on the My Page of the claim assignee's terminal 5000.P includes, for example, the following: This information is also stored and updated as needed in the status information management DB 1500.2 of the storage device 1500 of the claim assignment management server 1000. Progress Status · Application for transfer completed · Transfer matching completed Transfer agreement sent Transfer agreement currently being concluded (Transferor currently being confirmed) (Transferee currently being confirmed) Transfer agreement signed · Electronic confirmation date acquisition in progress Transfer procedure completed (Witness type (business signature type) electronic signature)
[0067] The electronic signature for the electronic contract shown in Figures 3 and 4 is what is known as a "witness type (business signature type) electronic signature."
[0068] FIG. 5 is a conceptual diagram showing the concept of witness-type electronic signature.
[0069] Witness-type electronic signatures are configured so that user terminals 5000.i and 5000.j issue instructions to sign using a service to the electronic contract provision server 2000, the electronic contract provision server 2000 applies to the certification authority for confirmation as a business, the certification authority issues the business's signature key, and the electronic contract provision server 2000 affixes an electronic signature to the electronic contract.
[0070] In other words, a witness-type electronic signature is a method in which an electronic contract service provider, acting as a third party separate from the parties to the contract, affixes an electronic signature at the direction of the parties.
[0071] Therefore, although the electronic signature itself belongs to the service provider, the signature is valid because it is a signature "given at the instruction of the parties." At this time, the service provider may take steps such as verifying the identity of each party through email authentication and confirming that the procedure was requested by the individual (party).
[0072] With this type of configuration, the parties involved can implement it without any hassle or cost, which has the advantage of reducing the burden on business partners. (Procedure for assigning a fixed date)
[0073] FIG. 6 is a flowchart showing the procedure for assigning an electronic confirmation date.
[0074] When the procedure for assigning an electronic confirmation date is started in the claim assignment management server 1000 (S200), the claim assignment management server 1000 creates and saves an application form and designates a notary public (S202). The receivables assignment management server 1000 attaches the document to which the fixed date is to be assigned (S204). The application data is transmitted to the fixed date assignment service server 3000 (S206).
[0075] The fixed date assignment service server 3000 notifies the notary public's office staff terminal of the arrival of the application data (S208), and the fixed date assignment service server 3000 receives notification of the completion of the notary public procedure from the notary public's office staff terminal (S210). After receiving and confirming the electronic official document and certified document (file related to the date), the claim assignment management server 1000 writes out the electronic official document and certified document from the fixed date assignment service server 3000 and stores it in the memory device 1500. At the same time, the electronic official document and certified document sent from the fixed date assignment service server 3000 is also stored in the My Page folder on the claim assignor's terminal 5000.1 and the claim assignee's terminal 5000.P (S216).
[0076] FIG. 7 is a diagram showing the concept of the configuration of the creditor information DB 1500.1 shown in FIG.
[0077] Referring to Figure 7, as an example, creditor information DB1500.1 stores the creditor identification code (creditor ID), the creditor name, the creditor's address, the creditor's email address, the creditor's financial institution account information, and the history of the claim's ownership interest (updated appropriately from the time of registration and whenever the claim is transferred). (Server hardware configuration)
[0078] FIG. 8 is a block diagram for explaining the hardware configuration of the claim assignment management server 1000 shown in FIG.
[0079] In the following description, it is assumed that the claim assignment management server 1000 and the electronic contract service providing server 2000 operate on a server that operates on the cloud.
[0080] Furthermore, although the following description uses the configuration of the debt assignment management server 1000 as an example, the hardware configurations of the electronic contract service providing server 2000, the confirmation date assignment service server 3000, and each terminal device 4000.1 to 4000.Q, 5000.1 to 5000.P are basically the same.
[0081] 8, server 1000 may be configured such that a central processing unit (CPU) within its own housing, which corresponds to the arithmetic processing unit, executes the arithmetic processing, or such that part of the program processing is executed on another server. In the following description, it is assumed that the arithmetic processing is executed by a central processing unit within its own housing.
[0082] Referring to FIG. 8, the server 1000 includes a computer device 1010, a network communication unit 1012 for communicating with a network, and a recording medium (e.g., a memory card) 1210 for recording data from the outside and providing the data to the computer device 1010.
[0083] For example, a USB memory, a memory card, or an external storage device can be used as the recording medium 1210. Also, for example, a wired LAN or wireless LAN communication function can be used as the network communication unit 1012. The network communication unit 1012 and the input / output interface 1090 configure the communication interface 1002.
[0084] As shown in FIG. 8, the computer main body constituting this computer device 1010 includes, in addition to a disk drive 1030 and a memory drive 1020, a CPU 1100 connected to a bus 1050, a memory 1200 including a read-only memory (ROM) 1200.1 and a random access memory (RAM) 1200.2, a nonvolatile rewritable storage device 1300, and an input / output interface 1090 for communicating over a network and exchanging data with external devices. The nonvolatile storage device 1300 may be, for example, a hard disk drive (HDD) or a solid state drive (SSD). The following description will be given assuming that it is an SSD. An optical disk can be inserted into the disk drive 1030. A memory card 1210 can be inserted into the memory drive 1020.
[0085] When the computer device 1010 programs run, the data and programs that store the information that forms the basis of the computer's operation will be described as being stored in the SSD 1300.
[0086] 8, the medium capable of recording information such as a program to be installed in the computer main body may be, for example, a DVD-ROM (Digital Versatile Disc), a memory card, a USB memory, etc. To accommodate such cases, the computer main body is provided with a drive device (memory drive 1020, disk drive 1030) capable of reading these media.
[0087] The main components of the computer device 1010 are computer hardware and software executed by the CPU 1100. Generally, such software is stored on a storage medium and distributed or distributed via a network, and is obtained via the disk drive 1030 or the network communication unit 1012 and temporarily stored in the SSD 1300. The software is then read from the SSD 1300 into RAM 1200.2 in memory and executed by the CPU 1100. Note that when connected to a network, the software may be directly loaded into RAM and executed without being stored in the SSD 1300.
[0088] When distributing a program for functioning as computer device 1010, the program does not necessarily include an operating system (OS) that causes computer main body 1010 to execute functions of an information processing device, etc. The program only needs to include instructions that call appropriate functions (modules) in a controlled manner and achieve the desired results. How computer system 1010 operates is well known, and a detailed description will be omitted.
[0089] Furthermore, the CPU 1100 may be a single-core processor or a multi-core processor. That is, it may be a single-core processor or a multi-core processor. The server 1000 may also be configured with multiple servers to perform distributed processing.
[0090] As explained above, according to the configuration of the claim assignment system 100 and the claim assignment management server 1000 of this embodiment, it is possible to carry out the process of concluding a general claim assignment contract as an electronic contract between the parties while ensuring third-party opposition requirements.
[0091] Furthermore, according to the present invention, it is possible to execute the procedure for concluding a contract by sharing information about the contents of the receivables assignment contract among the parties to the assignment contract.
[0092] The embodiments disclosed herein are merely examples of configurations for specifically implementing the present invention, and do not limit the technical scope of the present invention. The technical scope of the present invention is defined by the claims, not by the description of the embodiments, and is intended to include modifications within the literal scope of the claims and within the scope of equivalent meanings. [Explanation of symbols]
[0093] 2 Network, 100 Debt transfer system, 1000 Debt transfer management server, 10002 Communication interface, 1100 Processing unit, 1200 Memory, 1500 Storage device, 2000 Electronic contract service providing server, 3000 Confirmation date assignment service server, 4000.1~4000.Q Notary office terminal, 5000.1~5000.P Rights holder terminal.
Claims
1. A claim assignment management device managed by a debtor to electronically execute a claim assignment contract with terminals of a plurality of users who have claims, comprising: a storage device for registering information on creditors of the rights and information on the rights held by the creditors; an assignment request receiving means for receiving, via a communication line, an assignment request from a claim assignor among the registered creditors; an acceptance request receiving means for accepting an acceptance request from a person who wishes to accept the right via the communication line in response to the acceptance request being posted via the communication line; an electronic contract linking means for linking with an electronic contract system to execute the claim assignment agreement as an electronic contract with the claim assignee, the claim assignor, and the debtor via the communication line together with an electronic signature; a fixed date assignment application means for applying for a notary public to assign a fixed date to the concluded claim assignment contract via the communication line; a claim assignment management device comprising: a claim assignment procedure means for storing information serving as evidence that the notary has assigned the fixed date in the storage device while storing the information in the storage device at the same time as storing the information in the storage device at the terminal of the claim assignor and the terminal of the claim assignee, and updating the information on the rights in the storage device in accordance with the claim assignment contract.
2. 2. The claim assignment management device according to claim 1, wherein the fixed date assignment application means applies for the assignment of a fixed date by the notary public in response to the debtor approving the electronic contract and the electronic signature.
3. The application means for granting a fixed date submits an application for granting a fixed date to an electronic date center operated by an organization of notaries, together with an electronic document file of a predetermined format of the electronic contract; The claim transfer management device described in claim 2, wherein the electronic confirmation date center, in response to an application for the assignment of the confirmation date, returns a single electronic official document by associating an electromagnetic record file containing information regarding the confirmation date with the electronic document file of the specified format.
4. the transfer request acceptance means includes a matching means, when there are a plurality of transfer applicants, for matching the claim assignor with the transfer applicants and determining the claim assignee; The claim assignment management device of claim 1, wherein the electronic contract linking means executes linking processing to conclude the claim assignment agreement as an electronic contract between the claim assignee, the claim assignor, and the debtor matched by the matching means.
5. The claim assignment management device according to any one of claims 1 to 4, wherein the electronic signature of the electronic contract system is a witness-type electronic signature.
6. A claim assignment system for electronically executing a claim assignment contract between terminals of a plurality of users who have claims, comprising: an electronic contract server for operating an electronic contract system that provides services for electronically concluding the receivables assignment contract; a claim assignment management server managed by the debtor of the claim; The claim assignment management server a storage device for registering information on creditors of the rights and information on the rights held by the creditors; an assignment request receiving means for receiving, via a communication line, an assignment request from a claim assignor among the registered creditors; an acceptance request receiving means for accepting an acceptance request from a person who wishes to accept the right via the communication line in response to the acceptance request being posted via the communication line; an electronic contract linking means for linking with the electronic contract system to execute the claim assignment agreement as an electronic contract with the claim assignee, the claim assignor, and the debtor via the communication line together with an electronic signature; a fixed date assignment application means for applying for a notary public to assign a fixed date to the concluded claim assignment contract via the communication line; a claim assignment procedure means for storing, using the electronic contract system, information serving as evidence that the notary has assigned the fixed date on the terminal of the claim assigner, the terminal of the claim assignee, and the storage device, and for updating the information on the rights in the storage device in accordance with the claim assignment contract.
7. 7. The claim assignment system according to claim 6, wherein the fixed date assignment application means applies for the notary to assign a fixed date in response to the debtor approving the electronic contract and the electronic signature.
8. The application means for granting a fixed date submits an application for granting a fixed date to an electronic date center operated by an organization of notaries, together with an electronic document file of a predetermined format of the electronic contract; The claim assignment system described in claim 7, wherein the electronic confirmation date center, in response to an application for the assignment of the confirmation date, returns a single electronic official document by associating an electromagnetic record file containing information regarding the confirmation date with the electronic document file of the specified format.
9. A claim assignment management program for causing a computer to execute a claim assignment process managed by a debtor in order to electronically execute a claim assignment contract between terminals of a plurality of users who have claims, comprising: the computer has a computing device and a storage device that registers information on creditors of the right and information on the right held by the creditor, a step in which the computing device receives, via a communication line, a request for transfer of the right from a claim assignor among the registered creditors; a step in which the computing device receives a request for transfer from a person wishing to receive the right via the communication line in response to the request for transfer being posted via the communication line; a step in which the computing device performs processing in cooperation with an electronic contract system for concluding the claim assignment agreement as an electronic contract with the claim assignee, the claim assignor, and the debtor via the communication line together with an electronic signature; a step in which the computing device applies for a notary to assign a fixed date to the concluded claim assignment agreement via the communication line; A claim assignment management program for executing a step of using the electronic contract system to store information that serves as evidence that the fixed date has been assigned by the notary public on the terminal of the claim assignor, the terminal of the claim assignee, and the storage device, and updating the information on the rights in the storage device in accordance with the claim assignment agreement.
Citation Information
Patent Citations
Electronic contract server and electronic contract program
JP2022159911A
Information processing device and program
JP7179254B1