| Project/Area Number |
07620036
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Ritsumeikan University |
|---|
Principal Investigator |
NAGAO Jisuke Ritsumeikan Univ.Law, Professor, 法学部, 教授 (90014430)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
WADA Shinichi Ritsumeikan Univ.Law, Associate Professor, 法学部, 助教授 (80240547)
YAMASHITA Masahiro Ritsumeikan Univ.Law, Professor, 法学部, 教授 (20108781)
|
|---|
| Project Period (FY) |
1995 – 1996
|
| Project Status |
Completed (Fiscal Year 1996)
|
| Budget Amount *help |
¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 1996: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1995: ¥700,000 (Direct Cost: ¥700,000)
|
|---|
| Keywords | Contract for Service / Pre-paid card law / Defect of Service / Contract and Information / Breach of Service Contract / Consumer Protection / Financial Trade / Telemarketing / 新種の契約 / サービス給付の確定 / 契約責任 / 公序良俗 / プリペ-ドカード / テレマーケティング |
|---|
| Research Abstract |
Basically, there are many potential problems in the area of service contracts. In order to outline these problems we, first of all, categorized the many new types of service contract. In accordance with formal contract analysis, we clarified the reghts and duties of the parties in each type of contract.
The most important issues we noted are
1) one party often takes advantage of another due to its superior bargaining position ;
2) distinguishing between cases where the quality of services promised has been met, and cases where it has not, and
3) developing criteria indication a breach of contract for each type of obligation.
Recent judicial dicisions in contract cases have noted the dearth of information exchanged between parties. Parties must provide each other with the information necessary to execute the contract. For exemple, we developed criteria to determine whether or not obligors performed their duty to inform custormers in insurance and banking transaction.
|
