A Review about the Role of victims' Predisposition in Tort Law

Research Project

Project/Area Number	21830002
Research Category	Grant-in-Aid for Research Activity Start-up
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Hokkaido University
Principal Investigator	NAGASHITA Yasuyuki Hokkaido University, 大学院・法学研究科, 博士研究員 (20543515)
Project Period (FY)	2009 – 2010
Project Status	Completed (Fiscal Year 2010)
Budget Amount *help	¥2,561,000 (Direct Cost: ¥1,970,000、Indirect Cost: ¥591,000) Fiscal Year 2010: ¥1,222,000 (Direct Cost: ¥940,000、Indirect Cost: ¥282,000) Fiscal Year 2009: ¥1,339,000 (Direct Cost: ¥1,030,000、Indirect Cost: ¥309,000)
Keywords	民事法学 / 損害賠償 / 素因
Research Abstract	In Japanese tort law, damages are reduced in instances where the damage in the case is caused or increased by the victims' physical or psychological Predisposition and any damage cannot be disaggregated. This study reviews this aspect of Japanese law in the light of the rule in German law that "Disregards the victims' Predisposition". The study concludes by reconstructing the legal theory of Predisposition and proposing a new theory to be based on notions of the victims' "Minimal Resistance" and "Indifference to legal interests on his(her) own".