Causation in Insurance Contracts
| Project/Area Number |
24530076
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Hokkaido University |
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Principal Investigator |
YAMAMOTO Tetsuo 北海道大学, 法学(政治学)研究科(研究院), 教授 (80230572)
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Project Status |
Completed (Fiscal Year 2014)
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| Budget Amount *help |
¥4,810,000 (Direct Cost: ¥3,700,000、Indirect Cost: ¥1,110,000)
Fiscal Year 2014: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2013: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
Fiscal Year 2012: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
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| Keywords | 民事法学 / 保険 / 因果関係 |
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| Outline of Final Research Achievements |
In the United States there are two approaches to resolving the conundrum on multiple causes in insurance contracts. One approach intends an appropriate result under the circumstances according to the reasonable expectations of parties to an insurance contract in each case. Another approach intends denying an ad hoc thinking and establishing a clear criterion for judgement. By one criterion in the latter approach the key is whether the cause is within the scope of the risk which an insurer assumes. When the two causes are dependent on each other, the antecedent cause is the cause of the loss if the risk of the antecedent cause materializes. What role the rule of contra proferentem on the interpretation of contacts plays depends on whether the multiple causes problem is placed ultimately as the matter of interpretation of contracts or as the matter of facts. Functionally this depends on whether the proper resolution can be accomplished by the rule of contra proferentem.
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Report
(4 results)
Research Products
(10 results)
