Analysis of the termination of contract
| Project/Area Number |
20530072
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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 |
MATSUI Kazuhiko Osaka University, 高等司法研究科, 准教授 (50334743)
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| Project Period (FY) |
2008 – 2010
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| Project Status |
Completed (Fiscal Year 2010)
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| Budget Amount *help |
¥2,600,000 (Direct Cost: ¥2,000,000、Indirect Cost: ¥600,000)
Fiscal Year 2010: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2009: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2008: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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| Keywords | 債務不履行 / 給付障害 / 解除 / 催告 / 契約解除権 / 契約目的 / 帰責事由 / ドイツ法 |
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| Research Abstract |
In Japanese Civil Code, if a creditor will terminate in a case of delay in performance of a contractual obligation, he must give a notice fixing an additional period of time of reasonable length for performance before the notice of termination. On the other hand, its exception rules exist in the Civil Code and jurisdiction. But there is any general principle on the requirements of termination between them. I studied the requirements of termination in the Uniform law - especially United Nations Convention on Contract of International Sale of Goods(CISG) and UNIDROIT-Principles?- and German law, and confirmed a general principle. It is a "fundamental non-performance which substantially deprives the creditor of what the creditor was entitled to expect under the contract".
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Report
(4 results)
Research Products
(4 results)
