Reconstruction of service contracts-comparative study of private law in the East Asian Countries-
| Project/Area Number |
19530075
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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 | Gakushuin University |
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Principal Investigator |
OKA Takashi Gakushuin University, 法学部, 教授 (10125081)
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| Project Period (FY) |
2007 – 2009
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| Project Status |
Completed (Fiscal Year 2009)
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| Budget Amount *help |
¥4,550,000 (Direct Cost: ¥3,500,000、Indirect Cost: ¥1,050,000)
Fiscal Year 2009: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2008: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2007: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
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| Keywords | 民事法学 / 比較民法 / 比較契約法 / 役務提供契約 / 不完全履行 / 委任契約 / 成年後見制度 / 法定後見 / 任意後見 / 東アジア比較民法 / 台湾:韓国:中国 / 日本民法改正 / 委任任契約 / 成後見制度 / 請負の瑕疵担保責任 / 委任の無理由告知 / 中国:韓国:台湾 |
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| Research Abstract |
Through the comparative study of private law in East Asian Countries on service contracts, we propose to revise the Japanese Civil Code in the following three points. (1) As to construction contracts, the customer may terminate the construction contract if there is a defect in the building which is the subject matter of the contract, provided that the defect is serious to the extent that it requires rebuilding. (2) As to the contracts for work, if there is a defect in the subject matter of the work, the customer may demand repair of the defect or reduction of remuneration at his own choice. This indicates that there is no priority between the two remedies. (3) As to the adult guardianship contracts, the whole system should be revised in view of harmonization with the legal guardianship. In the long run, the Civil Code may be reorganized to include the independent part of law of persons into which the legal guardianship and guardianship contracts are to be integrated.
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Report
(4 results)
Research Products
(7 results)
