2006 Fiscal Year Final Research Report Summary
The Assignment of Receivables and Contractual Limitations on Assignment
| Project/Area Number |
15530055
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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 | Hokkaido University |
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Principal Investigator |
IKEDA Seiji Hokkaido Univ., Grad.School of Law., Prof., 大学院法学研究科, 教授 (20212772)
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| Project Period (FY) |
2003 – 2006
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| Keywords | contractual limitati / consumer contract / Verbandsklage / injunction / liability for damage / competitive order |
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| Research Abstract |
This study covered the issue of "the assignment of receivables and contractual limitations on assignment," and it arose from the problem of "the assignment of receivables and attachments." The previous research project, 'The Function and Meaning of Paradigm Theory in Jurisprudence," examined the past process of the development of theory and related legal dispute concerning the legal effect of contractual limitations on assignment. In addition to exploring the background to the classic comprehension of this issue and the causes for subsequent changes, the previous project also examined the related question of set-offs. In this current research project, as well as conducting a more in-depth examination of these various issues, an analysis was conducted on the contracts which give rise to the receivables, and in particular, on consumer contracts.
In examining consumer contracts, topical interest inevitably crosses "consumer protection," and so the examination in this project also included liability and claims for damage, injunctions, class actions and Verbandsklage. In future projects, I will further develop this direction, and I will proceed with research on the roles of consumers in the market, or more precisely, in competitive order.
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