2017 Fiscal Year Final Research Report
Theory and practice of integral reparation for bodily injury
| Project/Area Number |
15K16958
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Osaka Prefecture University |
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Principal Investigator |
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 人身損害賠償(後遺障害) / 全部填補、全部賠償 / C型肝炎ウィルス感染被害における非財産的損害 / 減収に現れがたい経済的不利益 / 損害区分論 / 事実審裁判官の統制 |
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| Outline of Final Research Achievements |
In France, under the direction of the principle of integral reparation, the practice of personal injury law which had received the Dintilhac report has come not only to the distinction between ‘pertes de gains professionnels futurs' and ‘incidence professionnelle’ but also to the more analytic evaluation of‘extra-patrimonial’ losses for the victim of VCH. Then the Court of cassation gradually extends its control over the judgments in inferior court on the basis of this principle. In addition the doctrine criticizes the new proposal for the reform of the law about personal injury, respecting this principle. Finally, the theory of the distinction between ‘dommage’and ‘prejudice’in personal injury does not directly fulfill the demand of principle, but it offers a condition for achieving full compensation, because this theory attempts to exclude the method of global evaluation and the use of the global item which amalgamates losses of all kinds.
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| Free Research Field |
民事法学
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