2006 Fiscal Year Final Research Report Summary
Potential of remedial judgement from the view point of negotiation-facilitating norms-in cases of continual consumer contracts-
| Project/Area Number |
15530637
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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 | Kobe University |
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Principal Investigator |
YAMAMOTO Kenji Kobe University, Graduate School of Law, Professor, 法学研究科, 教授 (50222378)
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| Project Period (FY) |
2003 – 2006
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| Keywords | rights theory / welfare / principles / contract theory / skills / contexts |
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| Research Abstract |
In this research program, conflict cases of continual consumer contracts are collected and basic rules and principles which govern these relationships are inquired. Legal skills to solve the consumer contract conflicts are important in the context of everyday life conflict cases but institutional view points are also essential to design and interpret statues and contract rules which both parties agreed to. There are two normative principles which configure normative foundations of these viewpoints. One is so-called "rights-theory" and another is "welfarism" This reseach explicate the importance of these two basic principles in relation to some contract conflict cases. Based on the research four articles are published; "empowerment free from paternalism", "the whereabouts of legal subjects", "welfare vs. rights in contemporary torts theory", and "competition order and contract law theory-an aspect of welfare vs. rights".
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Research Products
(8 results)
