2003 Fiscal Year Final Research Report Summary
Legal theory on civil legal remedy of latent damage
| Project/Area Number |
13620062
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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 | Ritsumeikan University |
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Principal Investigator |
MATSUMOTO Katsumi Ritsumeikan University, School of law, Professor, 法学部, 教授 (40309084)
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| Project Period (FY) |
2001 – 2003
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| Keywords | latent damage / sexual harassment / PTSD / defect house / post war compensation / negative prescription / statute of limitation / theory of irresponsibilty of state |
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| Research Abstract |
(1) I studied a starting point of negative prescription of damages by tort. I discussed a mening of a new decision of the Supreme Court in Japan about the point of negative prescription(2002.1.29). I proposed in some papers a theory on a point of normative cognition by reference of a refome of prescription system in German.
(2) I wrote some papers on campus sexual harassment and PTSD. The damages of these personal injury means latent damage. I brought up a meaning of duty of care about educational and research environment of university.
(3) I worked on same essays on defect house of which damage is latent too. I analyzed judicial precedents on defect house and proposed a new theory about damages and consolation money. I criticized a theory of deduction of advantage of inhabitation.
(4) I studied damage of war crime. I gathered literature and data in Germany. I wrote some papers on negative prescription and statute of limitation of damages of war crime. I worked on a paper which criticized a theory of irresponsibility of state before the world war II in Japan. I revealed how drafters of Japanese civil code recognized a civil responsibility of state for tort by government service.
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