A study on the legal position of third parties in a contract of carriage of goods
| Project/Area Number |
22730091
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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 | Ryutsu Keizai University |
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Principal Investigator |
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| Project Period (FY) |
2010 – 2012
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| Project Status |
Completed (Fiscal Year 2012)
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| Budget Amount *help |
¥2,470,000 (Direct Cost: ¥1,900,000、Indirect Cost: ¥570,000)
Fiscal Year 2012: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2011: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2010: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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| Keywords | 運送契約 / 荷受人 / 契約外の第三者 / 商法の改正 / 運送人の責任 / フランス運送法 / 裁判管轄条項 |
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| Research Abstract |
The problem to struggle with in this study was whether third parties in a contract of carriage of goods such as consignee and owner of the goods would be subject to contract terms that they haven't agreed or not. For the research, the following three methods were applied in order to follow up on the latest legal situation in the foreign countries, and to make clear the actual circumstance of transport activities before insisting on the specificity of the contract of carriage of goods:
(1) Comparative law
(2) Case Study and
(3) Survey on the actual situation of each transport industry
What became clear from these works was that there were different types of “third parties” in the contract of carriage of goods. Some third parties should be structurally subject to contract terms, while some should not be involved into contractual circle in spite of the text of law.
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Report
(4 results)
Research Products
(18 results)
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[Presentation] Reform of Transport Law in Japan2013
Author(s)
Manami Sasaoka
Organizer
New developments in company and transport law in Japan
Place of Presentation
Max-Planck-Institut fur auslandisches und internationals Privatrecht, Hamburg, Germany
Year and Date
2013-03-11
Related Report
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