2002 Fiscal Year Final Research Report Summary
Study on the civil law rule in the electronic commerce between businesses and consumers
| Project/Area Number |
12420012
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kobe University |
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Principal Investigator |
YASUNAGA Masaaki Kobe University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (70025154)
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| Co-Investigator(Kenkyū-buntansha) |
TANAKA Yasuhiro Otaru University of Commerce, Faculty of Commerce, Professor, 商学部, 教授 (20217087)
KUBOTA Atsumi Kobe University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (60186450)
YAMADA Seiichi Kobe University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (60134433)
URABE Hiroyuki Osaka Gakuin University, Faculty of Law, Associate Professor, 法学部, 助教授 (30288740)
TSURUFUJI Norimichi Kanagawa University, Faculty of Law, Associate Professor, 法学部, 助教授 (70265346)
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| Project Period (FY) |
2000 – 2002
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| Keywords | Electronic commerce (E-commerce) / B2C (B to C) |
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| Research Abstract |
The following contents about the electronic commerce between businesses and consumers (B2C) are produced from the comparative legal researches and the analyses of case and commercial practice in Japan.
1. As for B2C, it is important to secure the safety and sureness of the system in which the said person (principal) is confirmed. And the judgment of the reason why the said person (principal) must take risk is important in legal judgment.
2. Relations between the people concerned in the electronic payment became distinct.
3. The following must be taken into consideration when the effect of the provision is discussed. (1) The agreement of the person concerned about the provision is necessary so that provisions may become the contents of the contract. (2) The present level of the hardware and the software must be taken into consideration. (3) Legal issues must be taken into consideration on the occasion of development of technology as well.
4. As for B2C, the need of the cooling-off is higher than in the mail order. Concrete legislation proposals were made about the cooling-off in B2C.
5. The civil law revision work in Germany was analyzed. Problems in the legislation and the law revision about the E-commerce were explained through this analysis.
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