Comparative Law about Effects of Unfair Terms

Research Project

Project/Area Number	20830046
Research Category	Grant-in-Aid for Young Scientists (Start-up)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Osaka University
Principal Investigator	TAKEDA Naohiro Osaka University, 大学院・法学研究科, 准教授 (80512970)
Project Period (FY)	2008 – 2009
Project Status	Completed (Fiscal Year 2009)
Budget Amount *help	¥1,196,000 (Direct Cost: ¥920,000、Indirect Cost: ¥276,000) Fiscal Year 2009: ¥533,000 (Direct Cost: ¥410,000、Indirect Cost: ¥123,000) Fiscal Year 2008: ¥663,000 (Direct Cost: ¥510,000、Indirect Cost: ¥153,000)
Keywords	不当条項規制 / 約款 / ドイツ法
Research Abstract	When an unfair term of contract is invalid, how the contract should be modified? About this question, I studied German law of standard contract terms, and reached the following conclusions : (1) Effects of unfair terms depend on how much you should respect the autonomy of party who uses the terms. (2) At first, there is a problem whether he or she can restrict themselves the range of invalidity. (3) Secondly, when you substitute another rule for invalid term, you have a chance to consider the meaning of invalid term.