Fundamental research for the conditions and effect of injunction
| Project/Area Number |
20730052
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Meiji Gakuin University |
|---|
Principal Investigator |
根本 尚徳 Meiji Gakuin University, 法学部, 講師 (30386528)
|
|---|
| Project Period (FY) |
2008 – 2009
|
| Project Status |
Completed (Fiscal Year 2009)
|
| Budget Amount *help |
¥3,120,000 (Direct Cost: ¥2,400,000、Indirect Cost: ¥720,000)
Fiscal Year 2009: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2008: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
|
|---|
| Keywords | 差止請求権 / 物権的請求権 / 発生根拠 / 要件 / 効果 / 違法侵害説 / 競争秩序 / 不法行為法 / 民法(債権法)改正 |
|---|
| Research Abstract |
The important results of this research are as follows.
(1) Injunction of the Japanese Civil Code is based on the "Injunction system".
(2) The "Injunction system" stands outside of rights or legal interests that need to be defended by the system from illegal attacks.
(3) The aim, conditions and effect of injunction are essentially different from those of compensation of damages.
(4) Based on the "Injunction system" can a person who has right interests in the fair economic trade bring a lawsuit for injunction order against a person who is breaking the legal rules made to maintain fair economic trade.
(5) The articles about the conditions and effect of injunction should be put into the "Minpou-Sousoku"("General Part") of the Japanese Civil Code which is constructed based upon the idea of so-called "Pandekten System"
|
Report
(3 results)
Research Products
(14 results)
