pacta sunt servanda vs. cooling off
| Project/Area Number |
25380093
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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 |
IKEDA SEIJI 北海道大学, 法学(政治学)研究科(研究院), 教授 (20212772)
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Project Status |
Completed (Fiscal Year 2015)
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| Budget Amount *help |
¥4,680,000 (Direct Cost: ¥3,600,000、Indirect Cost: ¥1,080,000)
Fiscal Year 2015: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2014: ¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
Fiscal Year 2013: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
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| Keywords | 契約の拘束力 / 撤回権 / 消費者契約 / 贈与 / 撤回 / 自然債務 / 履行利益 / 信頼利益 / 担保責任 / 任意解除権 |
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| Outline of Final Research Achievements |
This research aims to elaborate the reasons for the existence of a consumer's withdrawal rights (cooling off) in a consumer contract, and through this, clarify the grounds for binding effect of the contract. To do this, for the consumer's withdrawal right, we advance this consideration from a legal point of view, and also from an economical point of view, and compared it with the right to withdraw a donation, etc. We also examine sanctions imposed on a person who canceled a contract if the contract is canceled. We delivered our results by reporting in an international symposium (4th East Asia Civil Law Academic Symposium) which was held at the National Taiwan University in November 2014 (Taipei).
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Report
(4 results)
Research Products
(6 results)
