| Project/Area Number |
09837002
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
国際取引
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| Research Institution | Osaka University |
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Principal Investigator |
MATSUOKA Hiroshi Osaka University Faculty of Law, Professor, 大学院・法学研究科, 教授 (30028013)
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| Co-Investigator(Kenkyū-buntansha) |
NOMURA Yoshiaki Osaka School of International Public Policy, Professor, 大学院・国際公共政策研究科, 教授 (20144420)
YOKOYAMA Jun Hitotsubashi Unibersity Faculty of Law, Professor, 法学部, 教授 (10129140)
SAKURADA Yoshiaki Kyoto University Faculty of Law, Professor, 大学院・法学研究科, 教授 (10109407)
KANZAKI Tadashi Gakusyuin University Faculty of Law, Professor, 法学部, 教授 (20204795)
DOGAUCHI Masato Tokyo University Faculty of Law, Professor, 大学院・法学政治学研究科, 教授 (70114577)
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| Project Period (FY) |
1997 – 2000
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| Project Status |
Completed (Fiscal Year 2000)
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| Budget Amount *help |
¥3,000,000 (Direct Cost: ¥3,000,000)
Fiscal Year 2000: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1999: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1998: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 1997: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | Private International Law / Horei / International Business Transactions / the Law Applicable to Contract / the Law Applicable to Torts / Choice of Law Rules / International Finance / the Law Applicable to Maritime Affairs |
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| Research Abstract |
The Horei, the basic statute of Japanese Private International Law was enacted in 1898. No revision has occurred in the field of International Business transactions, especially in the choice of law rules applicable to Contract, Torts and Property for more than one hundred years since its enactment.
Our research project tries to propose a new set of rules of choice of law in this field in order to adapt the provisions of the Horei to the needs of globalization of Japanese economic and social life in recent years. Five professors of the research project were nominated as the reporters of the symposium 'Problems and Perspectives of the Law of International Business Transactions' sponsored by the Private International Law Association of Japan held at Hokkaido University on June 18-20 in 1999. In the syposium, the points at issue of the present provisions of the Horei were widely analysed, and the directions of revising them were suggested by the reporters.
The reports of the symposium were published in 2 Japanese Year Book of Private International Law 1 (2000). It includes the following articles, Sakurada, The Law Applicable to International Contracts ; Yokoyama, The Exception to Lex Loci Delicti in Japanese Private International Law ; Nomura, International Finance and Conflict of Laws ; Kanzaki, Applicability of the General Choice-of- Law Rules to Maritime Affairs. The report of Professor Dogauchi was published in Jurist No.1175 (2000).
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