The Formation of Private Law Norms through Conventions on Human Rights

Research Project

Project/Area Number	20730055
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Hirosaki University
Principal Investigator	FUKUTA Kentaro Hirosaki University, 法学部, 准教授 (00451477)
Project Period (FY)	2008 – 2010
Project Status	Completed (Fiscal Year 2010)
Budget Amount *help	¥2,600,000 (Direct Cost: ¥2,000,000、Indirect Cost: ¥600,000) Fiscal Year 2010: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000) Fiscal Year 2009: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000) Fiscal Year 2008: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Keywords	人権条約 / 民法 / ヨーロッパ人権条約 / 民事法学 / 民事責任
Research Abstract	It is stated by many scholars that the law of obligations has been becoming subject to the norms of the European convention on human rights, and the national courts in France tend to give judgments according to those norms. At present, it is no doubt that the European convention on human rights has acquired the status of the source of law in the sphere of the French private law. However, as to the principle of equality provided in article 14 of the European convention on human rights, it doesn't work as the standard to solve the litigations between private persons, at least in the court of cassation.