| Project/Area Number |
61520013
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Hokkaido University |
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Principal Investigator |
SONO Kazuaki Hokkaido University, Fac. of Law, 法学部, 教授 (40002258)
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| Project Period (FY) |
1986 – 1987
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| Project Status |
Completed (Fiscal Year 1987)
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| Budget Amount *help |
¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 1987: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1986: ¥900,000 (Direct Cost: ¥900,000)
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| Keywords | Vienna Sales Convention / United Nations Sales Convention / UNCITRAL / Unification of Law / International Unification of Law / International Sale of Goods / 国際取引法 |
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| Research Abstract |
The Vienna Sales Convention was celebrated by the entry into force in 1988 together with its sister Convention on the Limitation Period in the International Sale of Goods. The occasion provided rare opportunities to observe closely the rapid international promotional process both at intergovernmental and private levels. The analysis reveals that, given reasonable contents in a convention, timely negotiations and international efforts with some game elements particularly at private levels are far more influential than persuasions based on logics. On the other hand, a comparative analysis of the contract law between the civil and common law systems reveals that their differences are phenomenal. The black-letter law dogmas are often only reflective in concrete disputes of both the autonomy principle as a system in a given society and the need to protect due reliances in private life for the maintenance of order in any society. And, the Vienna Convention which divorced from such dogma appears to have restored these very underlying principles in practical contexts. The Convention therefore should by no means be regarded as a "compromise" between the two. It is no coincidence that the application of its rules substantially corresponds to the results both under the two systems. However, we are in this would where the supremacy of the traditional treaty approach may no longer prevail when the need for global rules for business transaction is notably uprising. The time-consuming treaty approach may in any event be no longer suited in some areas requiring immediate actions. While the recent experiments by UNCITRAL of new legislative techniques are proving promissing, the long experiences surrounding the Vienna Convention which resulted in its successful global implementation nevertheless provide precious sources for guidance as well as a hope for the possible restoration of lex marcatoria based on the rule of reason.
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