Characterization Problems between the Conflicts Rule on the Extracontractual Obligations and those on Pre-existing Relationships between Parties
| Project/Area Number |
12620038
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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 |
International law
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| Research Institution | Osaka City University |
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Principal Investigator |
KUNITOMO Akihiko Osaka City University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (20178015)
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| Project Period (FY) |
2000 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2001: ¥500,000 (Direct Cost: ¥500,000)
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| Keywords | Private International Law / Conflict of Laws / Characterization / Classification / Accessory Connection / Extracontractual Obligation / Pre-existing Relationship / Party Interest / 法性決定 / 法廷債権 |
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| Research Abstract |
I have written the article "Engagement to marry in Private International Law" in Japanese Yearbook of International Law, No.3 (2001). In this article the present author has studied Japanese, German and French cases and theories on the conflict-of-laws questions concerning engagement to marry. The main part of the present author's conclusions on the question on damages is as follows. The present author characterizes the engagement as a family relationship and applies Art.14 of the Horei by analogy. It is original that the present author extends its purview to existence and material validity.
I have published "Characterization in the Party Interest in Private International Law" (Tokyo, Kyoto, 2002). This book is the collection of my articles on this subject and is in 6 Chapters : "Introduction", "Chap. 1 General Problems on Characterization", "Chap. 2 The problem of the Cocurrence of the Conflict Rule on Contract and that o Tort", "Chap. 3 The Characterization of culpa in contrahendo in the Private International Law", "Chap. 4 The Problem of Characterization between Unjust Enrichment and Pre-existing Relationships between Parties", "Chap. 5 Engagement to marry in Private International Law". Substantial revision is as follows. First, newly written is "Chap. 1 sec. 5 Method of Characterization". In this section, analyzing the content of the theories in the Japaese academic writings, the present author has supported the theorie of construction of conflict rules. Secondly, the present author has added the recently appeared Japanese theories and doctrines and responded to the criticism against those of the present author, especially in Chap. 1 and 2. Thirdly, new Japanese decisions and notes on them has been added. Fourthly, in Chap. 2 the study on the Swiss Private International Law (1987) and the German Itroductory Law to the Civil Law (1999) has been added.
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Report
(3 results)
Research Products
(6 results)
