| Project/Area Number |
26590008
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| Research Category |
Grant-in-Aid for Challenging Exploratory Research
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Shoin University (2017)
Tokyo Metropolitan University (2014-2016) |
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Principal Investigator |
Sakurai Hiroko 松蔭大学, 公私立大学の部局等, 講師 (00620212)
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| Project Period (FY) |
2014-04-01 – 2018-03-31
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| Project Status |
Completed (Fiscal Year 2017)
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| Budget Amount *help |
¥2,340,000 (Direct Cost: ¥1,800,000、Indirect Cost: ¥540,000)
Fiscal Year 2016: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2015: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2014: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
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| Keywords | 委任 / 利益吐き出し / 不当利得 / 原状回復 / 信認関係 / 忠実義務 / 利益の吐き出し / 原状回復法 / 信託 |
|---|
| Outline of Final Research Achievements |
The analysis during the research period focused on discussions on the systematic positioning of disgorgement. Disgorgement is a type of remedies that falls under the category of "restitution for wrongs" under the law of restitution. This type contradicts that it does not satisfy the requirement of "at the expense of another" of the principle that“a person who has been unjustly enriched at the expense of another is required to make restitution to the other.
I was revealed that British and American countermeasures are different. The majority opinion of British law is that the type of "restitution for wrongs "is not "unjust enrichment" that is causally related to plaintiff's loss. Therefore, it should be excluded from the law of Unjust Enrichment. On the contrary, the US law adopted a position to accept the coexistence of Restitution and Unjust Enrichment. In order to solve the contradiction, they deleted the word "at the expense of another" of unjust enrichment.
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