| Project/Area Number |
10044039
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| Research Category |
Grant-in-Aid for Scientific Research (A)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Meiji Gakuin University |
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Principal Investigator |
YOSHINO Hajime Meiji Gakuin University, Faculty of Law, Professor, 法学部, 教授 (50062162)
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| Co-Investigator(Kenkyū-buntansha) |
SAKAMOTO Masamitsu Meiji Gakuin University, Faculty of Law, Professor, 法学部, 教授 (60257136)
KAGAYAMA Shigeru Nagoya University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (20169379)
KAWAMURA Kanji Meiji Gakuin University, Faculty of Law, Professor, 法学部, 教授 (90308073)
SHIMIZU Tadayuki Meiji Gakuin University, Faculty of Law, Professor, 法学部, 教授 (10162702)
SONO Kazuaki Tezukayama University, Faculty of Law and Policy, Professor, 法政策学部, 教授 (40002258)
FLECHTNER Ha ピッツバーグ大学, ロースクール, 教授
SCHRECHTRIEM フライブルグ大学, 法学部, 正教授
ASHLEY Kevin ピッツバーク大学, ロースクール, 準教授
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| Project Period (FY) |
1998 – 2000
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| Project Status |
Completed (Fiscal Year 2000)
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| Budget Amount *help |
¥20,900,000 (Direct Cost: ¥20,900,000)
Fiscal Year 2000: ¥6,300,000 (Direct Cost: ¥6,300,000)
Fiscal Year 1999: ¥7,100,000 (Direct Cost: ¥7,100,000)
Fiscal Year 1998: ¥7,500,000 (Direct Cost: ¥7,500,000)
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| Keywords | CISG / International Transactions / Contract Law / Comparative Law / Artificial Intelligence / Knowledge Analysis / Knowledge Base System / Legal Expert System / 国際売買条約 / 法的推論 / 法解釈 |
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| Research Abstract |
In this research, the knowledge structure of the United Nations Convention on Contracts for the International Sale of Goods (CISG) has been clarified by American, German and Japanese legal experts on this law and researchers on legal artificial intelligence jointly. The reasoning processes concluding the results of the applications of the CISG to cases were examined on the basis of the interpretation theories in each country from the viewpoint of comparative law. And the research results of legal artificial intelligence were applied to the analysis of the CISG. As a result, the reasons for the international differences in interpretations and applications of law to cases have been clarified. On the problem of the right to avoid a contract concerning Article 49 of the CISG, it has become clear that the above differences originate in differences in the interpretation propositions added in the process of the justification, i.e. differences in scopes settings of restrictions imposed by the expressions of the provisions and differences in estimates of results of the applications of law. In addition, it has been made clear that experts in statute law states put flexible interpretations rather than experts on the basis of common law, and that the experts on the CISG have a common disposition. The clarified knowledge structure has been installed into the legal knowledge base system, and differences in the reasoning processes have been able to be demonstrated on the system.
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