2017 Fiscal Year Final Research Report
Basic Research on the Balancing Problems in the Law of Damages
| Project/Area Number |
16K17027
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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 | Kyoto University |
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Principal Investigator |
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| Project Period (FY) |
2016-04-01 – 2018-03-31
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| Keywords | 損害論 / 差止め / 非財産損害 |
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| Outline of Final Research Achievements |
In order to approach the balancing problems in the law of damages, two concrete problems are analysed: compensation of non-pecuniary damage in the case of property damage, and the relationship between injunction and damages. As to the former, referring to the German and Austrian law some elements are brought out which limit the compensation of non-pecuniary damage in the case of property damage. Exceptions to this limitation are also analysed. As to the latter, the provisional conclusion is that the injunction has the same function as the compensation of costs of repairing or preserving rights so that the same limitation as to them applies also to the injunction.
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| Free Research Field |
民法
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