| Project/Area Number |
11420008
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 | THE UNIVERSITY OF TOKYO |
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Principal Investigator |
YAMASHITA Tomonobu GRADUATE SCHOOL OF LAW AND POLITICS, THE UNIVERSITY OF TOKYO, PROFESSOR, 大学院・法学政治学研究科, 教授 (10107485)
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| Co-Investigator(Kenkyū-buntansha) |
TAKAHASHI Hiroshi GRADUATE SCHOOL OF LAW AND POLITICS, THE UNIVERSITY OF TOKYO, PROFESSOR, 大学院・法学政治学研究科, 教授 (40009832)
FUJITA Tomotaka GRADUATE SCHOOL OF LAW AND POLITICS, THE UNIVERSITY OF TOKYO, ASSOCIATE PROFESSOR, 大学院・法学政治学研究科, 助教授 (80209064)
OCHIAI Seiichi GRADUATE SCHOOL OF LAW AND POLITICS, THE UNIVERSITY OF TOKYO, PROFESSOR, 大学院・法学政治学研究科, 教授 (80009852)
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| Project Period (FY) |
1999 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥4,400,000 (Direct Cost: ¥4,400,000)
Fiscal Year 2001: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 2000: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 1999: ¥2,200,000 (Direct Cost: ¥2,200,000)
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| Keywords | LIABILITY INSURANCE / TORTS / DAMAGES / DIRECTORS AND OFFICERS INSURANCE / CIVIL LIABILITY / DIRECT ACTION / INSOLVENCY / 自動車保険 / 損害賠償 / 自賠責保険 |
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| Research Abstract |
This research project deals with the rights of the injured third parties in liability insurance contracts. The legal protection of the third parties in liability insurance contracts is an important problem in all countries, but the means of protection are not uniform internationally. In this research we examined current legal systems of liability insurance in United States and European countries, particularly in United Kingdom where recently the reform of Third Parties (Rights against Insurers) Act 1930 aiming at the protection of the third parties has been discussed. In contrast to the traditional view, our tentative conclusion is that a legislative introduction of a direct right of a third party against insurer is not appropriate except in automobile liability insurance, but the third parties should have a preferential right on the insurance monies in case of insolvency of the insured tortfeasor.
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