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A study of the connection between the remedy against the violation of the information duty and the interpretation of the contract.

Research Project

Project/Area Number 26885072
Research Category

Grant-in-Aid for Research Activity Start-up

Allocation TypeSingle-year Grants
Research Field Civil law
Research InstitutionRyutsu Keizai University

Principal Investigator

OTSUKA TETSUYA  流通経済大学, 法学部, 講師 (10734246)

Project Period (FY) 2014-08-29 – 2016-03-31
Project Status Completed (Fiscal Year 2015)
Budget Amount *help
¥2,730,000 (Direct Cost: ¥2,100,000、Indirect Cost: ¥630,000)
Fiscal Year 2015: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2014: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Keywords契約締結上の過失 / 情報提供義務 / 説明義務 / 契約解釈 / 不法行為 / 損害賠償 / 機会の喪失 / 危険への曝露 / 因果関係 / フランス法 / 契約内容の確定 / 正当な信頼
Outline of Final Research Achievements

The purpose of this study is to carry out basic research to discuss a new interpretation that the confidence of the party to a contract resulting from the violation of the information duty of the other party in the process of concluding the contract should be included in the content of the contract, referring to similar discussion in Europe.
In this study, it is crucial to analyze how that issue is discussed in France where the similar interpretation is presented. The analysis made it clear that tort law is interpreted in a very flexible manner in France and as a result it is allowed to provide the flexible remedy to the victim affected by the violation of the information duty.
Therefore, in the future it would be necessary to further consider how flexible use of tort law would influence the interpretation of contract law.

Report

(3 results)
  • 2015 Annual Research Report   Final Research Report ( PDF )
  • 2014 Annual Research Report

URL: 

Published: 2014-09-09   Modified: 2017-05-10  

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