| Budget Amount *help |
¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 2002: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2001: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 2000: ¥1,300,000 (Direct Cost: ¥1,300,000)
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| Research Abstract |
In France, a general idea of contract-cadre and applications contracts is adopted in analysis of a continuous contract. This study considers legal particularity of a fundamental contract in a successive contracts by exploring following two problems, a transmission of contract and a decision of the amount of price in a sales contract.
First of all, it is quite common for a party to research the others, and then, choose one out of them. This fact is evident from analys* fundamental contract in a successive contract, such as, a franchise contract and a sole agent contract. Therefore, a contract, as a rule, * be freely transferred, and agreement with a party is indispensable for its transfer. What is more, in France, it was thought that the deci* the amount of price was an effectual condition of sales of contract until the appearance of the Supreme Court judgment in 1995. However, current Japanese precedent and theory do not require this condition strictly. The reasons are as follows. In France, pe* distrust of a judge is traditionally predominant, and people tend to avoid the intervention of a judge in their private autonomy. * contrary, people in Japan incline to accept judge's subsequent intervention in what the contract did not set down at the beginning.
To conclude this study, a fundamental contract is legally binding as a contract itself, and agreement with a party is essential to tran* Yet, a fundamental contract does not need to determine, precisely, the subjects that can be changed afterwards under some circumst* such as, the amount of price, and it is still valid with the judgment of the court.
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