A study on legal theory about diversification of determination of contract

Research Project

Project/Area Number	25780064
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Multi-year Fund
Research Field	Civil law
Research Institution	Niigata University
Principal Investigator	Ishiguro Tsuyoshi 新潟大学, 新潟大学, 准教授 (60400470)
Project Period (FY)	2013-04-01 – 2017-03-31
Project Status	Completed (Fiscal Year 2016)
Budget Amount *help	¥3,900,000 (Direct Cost: ¥3,000,000、Indirect Cost: ¥900,000) Fiscal Year 2016: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000) Fiscal Year 2015: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000) Fiscal Year 2014: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000) Fiscal Year 2013: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Keywords	履行障害 / 履行不能 / 行為基礎の喪失 / 事情変更の原則 / 契約構造論 / 代金減額 / 医療契約 / 債務不履行 / 契約貫徹 / 契約解消 / 契約変容
Outline of Final Research Achievements	Firstly, the various aspects and their demarcation about the three different types of "accomplishment of contract", "determination of contract" and "modification of contract" were examined, focusing on the Germany civil law (BGB). Through this examination, it was revealed that the boundaries in those types were relativized with each other and that the clearly defined criteria on this point were not necessarily formed. Secondarily, especially with medical contracts, an analysis of the concrete way of the type of "modification of contract" was performed. As a result, I could obtain certain knowledge about grasping contract types which were different from conventional one and about finding their opportunities.