Comparative Law about Effects of Unfair Terms
| Project/Area Number |
20830046
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| Research Category |
Grant-in-Aid for Young Scientists (Start-up)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Osaka University |
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Principal Investigator |
TAKEDA Naohiro Osaka University, 大学院・法学研究科, 准教授 (80512970)
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| Project Period (FY) |
2008 – 2009
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| Project Status |
Completed (Fiscal Year 2009)
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| 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)
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| Keywords | 不当条項規制 / 約款 / ドイツ法 |
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| 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.
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Report
(3 results)
Research Products
(3 results)
