2005 Fiscal Year Final Research Report Summary
Evolution of Multiple Layered Structure of Contracts in International Business Transactions
| Project/Area Number |
14520038
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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 |
International law
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| Research Institution | Kobe University |
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Principal Investigator |
SAITO Akira Kobe University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (80205632)
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| Project Period (FY) |
2002 – 2005
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| Keywords | Party Autonomy / Legal System / Choice of Forum / Choice of Applicable Law / Soft Law / UNIDROIT Pronciples / Relational Contract / Transaction Cost |
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| Research Abstract |
International businesses are carried out by using the socio-economical institution of Transaction (or Contract in legal term), which is based on the mutual agreement of the parties. National borders are becoming to be less important today for the social and economical activities of the people. As the cross border mutual economic dependency between the societies progress, the parties are becoming to use more diverse, complicated and large-scaled forms of contracts than before.
This research started from the investigation of the agreements as to the selection of applicable laws and forums for civil dispute resolution. On this basis, the parties are able to develop the private ordering techniques for controlling complex contractual relationships i.e., relational contracts. In this research project, I analyzed various measures of ordering contractual relationships. On the other hand, I also tried to analyze the transition of the character of rules governing these relationships. The states seem to be rapidly loosing its regulatory powers in this area and various private actors are becoming more influential.
However, the states still play important roles as the supervisors of the rule of the game, rather than as the direct regulators of the international business transactions. These trends are very clear as to the aspect of increasing importance of competition law, for the enforcement of which states are still dominant players. These activities are becoming more aggressive than before.
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Research Products
(7 results)
