2001 Fiscal Year Final Research Report Summary
A Study on the Harmonization of Law of Contract in general and Consumer Contract
| Project/Area Number |
10620044
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Ritsumeikan University |
|---|
Principal Investigator |
OKAWA Sumio Ritsumeikan University, Professor, 法学部, 教授 (10066730)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
WADA Shinichi Ritsumeikan University, Professor, 法学部, 教授 (80240547)
KANO Naoko Ritsumeikan University, Professor, 法学部, 教授 (10204588)
MITSUMOTO Katsumi Ritsumeikan University, Professor, 法学部, 教授 (40309084)
TANIMOTO Keiko Ritsumeikan University, Associate Professor, 法学部, 助教授 (00288614)
YAMASHITA Masahiro Ritsumeikan University, Professor, 法学部, 教授 (20108781)
|
|---|
| Project Period (FY) |
1998 – 2000
|
| Keywords | contract law / consumer contract / EU directives / CISG / German law of obligation |
|---|
| Research Abstract |
This study aimed to analyze and examine the recent movement toward the harmonization of the Law of Contract in various level.
To achieve this aim, we examined, first of all, the rules of the UN Convention on the International Sale of Goods (GISG) and the Principles of European Contract Law (PECL), which lead to the international harmonization of contract law in general, and, on the other hand, EU Directives for Consumer Protection, which lead to the international harmonization of law of consumer contract.
Though this analysis and examination, we realized that the rules especially concerning of nonperformance of contractual obligation in CISG have been getting a big influence not only on the rules of international trade but also on domestic rules of European countries, that the European countries has now basically common rules on consumer contract as the result of the EU directives, and that there is also a change in the relationship between contract law in general and consumer contract law.
Such influences and changes can be clearly seen, above all, in the recent reform of 'Schuldrecht' in Germany.
Originally, Japanese theory on contract law has developed on the basis of the former theory of Germany, and now we has to correctly aware of this new development in the field of contract law, and reexamine on system of contract law.
|
