2001 Fiscal Year Final Research Report Summary
The role and the position of the consititution in the private law
| Project/Area Number |
12620055
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | MEIJI UNIVERSITY |
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Principal Investigator |
ITHO Susumu Meiji University, School of Law, Professor, 法学部, 教授 (20061913)
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| Co-Investigator(Kenkyū-buntansha) |
SEINO Kikuko Meiji University, School of Law, Associate Professor, 法学部, 助教授 (70216505)
KAMEDA Koichiro Meiji University, School of Law, Lecturer, 法学部, 専任講師 (20257124)
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| Project Period (FY) |
2000 – 2001
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| Keywords | Constitution and Private Law / public policy / the role of the constitution in the private law / Constitution and collective agreement / Constitution and environmental Law |
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| Research Abstract |
Our study is to analyze "the role and the position of the constitution in the private law theory" from the viewpoint of the civil law study and the constitutional law study.
We recognize that the role of each article of the constitution remains unsolved to construct the private law, though any act in the private law sphere ought to be assessed unconstitutional and illegal by the constitution as the supreme Law of the Land (See the Article 98 of the Japan Constitution).
We approached this issue to clarify, from the viewpoint civil law study, what is the theoretical problem, by using a keyword of "public policy" articulated in the Article 90 of the civil law, and, from the viewpoint of constitutional law study, what influence of the constitutional law theory makes on the civil law in Germany there are many research accumulation about the relationship between the constitution and the private law.
We could obtain some suggestions, from the viewpoint of the civil law, by the research of the German theory in which the constitution has played an important role in the social law such as collective agreement and environmental protection. So we are required, on the basis of the German law theory, to develop the construction of the civil law and the constitution in the sphere of social law in the future.
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