Cooperation of the creditor and impediments to the performance of a contract
| Project/Area Number |
22730089
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Osaka City University (2013)
Kobe City University of Foreign Studies (2010-2012) |
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Principal Investigator |
SAKAGUCHI Kou 大阪市立大学, 法学(政治学)研究科(研究院), 准教授 (20508402)
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| Project Period (FY) |
2010-04-01 – 2014-03-31
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| Project Status |
Completed (Fiscal Year 2013)
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| Budget Amount *help |
¥3,770,000 (Direct Cost: ¥2,900,000、Indirect Cost: ¥870,000)
Fiscal Year 2013: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2012: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2011: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2010: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
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| Keywords | 履行不能法 / 受領遅滞 / ドイツ法 / 債権者の協力義務 / 学説彙纂 / 請負契約における危険負担 / CISG / 債務不履行 |
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| Research Abstract |
In German law, there is two opinions concerning what is the fault of the creditor in para. 326 II BGB (German Civil Code). On the one hand, it is understood to be similar to the fault of the debtor. On the other hand, it is taken on a broader meaning than the fault of the debtor. In a legislative historical perspective of this article, it turns out that the impossibility of performance which results from the failure of cooperation by the creditor divided into two categories, impossibility by the fault (culpa) of the creditor and by the circumstances of the creditor, and that the former flowed in para. 326 II BGB, the latter was provided in the rules of the lease (locatio conductio).
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Report
(5 results)
Research Products
(8 results)
