2017 Fiscal Year Final Research Report
Economic Analysis of Form Contract
| Project/Area Number |
16K17028
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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 | 経済分析 / 約款 / 定型約款 / 不当条項 |
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| Outline of Final Research Achievements |
The purpose of this research is to contribute to the clarification of the interpretation of the form contract regulation through economic analysis. As a result, the following two results were obtained.
First, by comparing the freedom and fairness traditionally based in legal research, this research clarifies what kind of requirements are linked to the efficiency and which direction of the form contract regulation should be pursued in terms of efficiency. In particular, this research made it clear that from the viewpoint of efficiency there is no importance on negotiations, the presence of monopoly, and the existence of choice rights.
Secondly, this research can clarify how the ban or the restriction on clauses which partially or totally exempt a business operator from liability for damages to a consumer can be justified from the viewpoint of economics including behavioral economics.
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| Free Research Field |
民法
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