| Project/Area Number |
11620040
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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 |
Civil law
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| Research Institution | Osaka University |
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Principal Investigator |
KUNII Kazuo School of Law, Osaka University, Professor, 大学院・法学研究科, 教授 (70028017)
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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 |
¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 2001: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 2000: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1999: ¥700,000 (Direct Cost: ¥700,000)
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| Keywords | Torts / Illegality / Injustice / Breach of Contract / Unfair Trade / Professional Liability / 専門家責任 / 詐欺的適法 / 違法 |
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| Research Abstract |
The main aim of this research is to frame the new legal order and theory about the remedy for the victims of unfair trade. It is necessary for this aim the theoretical dissect about the function and significance of law of torts concerning the remedy for the victims of unfair trade. The results of this research are the following.
1 The analyze on the present and major legal measures of torts law concerning the remedy for the victims; they have hitherto applied mainly article 715 of Japanese civil law but now the rating of article 709 increases gradually.
2 The discovery of the limitation of torts law; I demonstrated materaly the limitation through the analyze on some type of contract and (personal and real ) security.
3 The suggestion for the new approach; It is necessary for the appropriate and right remedy to review and modify the framework and theory of respective contracts. I revealed and proved concretely the measures of interpretation about some type of contract and (personal and real) security.
4 The proposition for perspective of new issue; It is necessary to approach afresh the clear-sighted capacity and competence of party taking into operation of new relative legislations. I reviewed in earnest the actual theory and legal treatment concerning disability.
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