| Project/Area Number |
20830103
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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 | Waseda University |
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Principal Investigator |
TANIMOTO Yoichi Waseda University, 法学学術院, 助手 (50515252)
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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 |
¥2,600,000 (Direct Cost: ¥2,000,000、Indirect Cost: ¥600,000)
Fiscal Year 2009: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2008: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
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| Keywords | 履行期前の履行拒絶 / 契約危殆責任 / 債務不履行 / 解除 / 履行請求権 / 交渉 / 担保供与請求権 / 適切な保証を求める権利 / 再交渉義務 / 損害軽減義務 |
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| Research Abstract |
Both in German civil law and American law, when reasonable grounds for insecurity arise with respect to the performance of one contracting party, existence or nonexistence of negation for resolving or decreasing the insecurity between parties and, if existence, their attitudes in such a negotiation play a key role for judges in deciding whether to dissolve a contract in insecurity. In contrast, Negotiation has not played key role at such a situation in Japanese civil law. If it would be sought to give such a key role to negotiation, then, in Japan, one should address the matter of taking contract preserving norms or end-game norms when reasonable grounds for insecurity arise.
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