2004 Fiscal Year Final Research Report Summary
A Position of the Innominate Contracts in Roman Contract Law
| Project/Area Number |
14520008
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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 |
Fundamental law
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| Research Institution | Kyoto University |
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Principal Investigator |
HAYASHI Nobuo Kyoto University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (40004171)
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| Project Period (FY) |
2002 – 2004
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| Keywords | Contract / Innominate contracts / Consensual contracts / actio / formula / Rome |
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| Research Abstract |
This study aims at a reconstruction of Roman Contract Law, through a reconsideration of a birth and development of the innominate contracts, and of a reappraisal of academic results since the 19^<th> century, in view of a disagreement of opinions about a birth time, its reason ant historical background of our contracts. Namely, we reach a consensus on a contractual character of the innominate contracts in the 6^<th> century, but we don't on the when, why and how of their contractual protection.
Consequently : 1.the four types of the innominate contracts acquired successively a contractual protection for three centuries after Christ ; this results from a reexamination of both legal sources and non-legal sources. 2.a contractual protection of our contracts means theoretically a destruction of the traditional contract law, which was the same as the birth of consensual contracts meant. In other words, Roman Contract Law requires for the validity a certain formality, as words or conduct. Our contracts and consensual contracts played such a part most effectively in breaking the traditional law in point of the formality and the adhesion of each contract to each formula. But we must observe that those contracts differ much form these contracts as regards pre-fulfillment of one party.
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