2006 Fiscal Year Final Research Report Summary
Study on the regulation to new types of insurance and the other transactions for dealing with risks
| Project/Area Number |
17530082
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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 | Ritsumeikan University |
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Principal Investigator |
TAKEHAMA Osamu Ritsumeikan University, College of Law, Professor, 法学部, 教授 (40188214)
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| Co-Investigator(Kenkyū-buntansha) |
SHINATANI Tokuya Ritsumeikan University, School of Law, Professor, 大学院法務研究科, 教授 (90247677)
SASAMOTO Yukihiro Kansai University, College of Law, Professor, 法学部, 教授 (10279250)
DOKI Takahiro Chukyo University, College of Law, Full-Time Lecturer, 法学部, 専任講師 (70434561)
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| Project Period (FY) |
2005 – 2006
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| Keywords | insurance contracts / insurance / finite insurance / weather derivatives / earth-quake derivatives / rule against unjust profit from insurance / categorization of insurances / insider dealing |
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| Research Abstract |
This study shows ;
1. from the view point of law of insurance contracts, finite insurances are formally sorts of insurance contracts, but the substance can be sometimes a kind of deposit contract or commitment lines, in that case, such a contract should be treated at least partly as the one which is different from insurance contracts. As far as weather and earth-quake derivatives (so-called insurance derivatives) are concerned, they are basically kinds of option transactions, but some can have nature of insurance. These derivatives should be regulated by law of insurance contract, especially, rules of life insurance contracts because they can have the nature of non-indemnity ;
2. from the point of insurance business law, finite insurance contracts and insurance derivatives should be regulated in the form of conforming to the substance of the transactions, not only legal formality of contracts ;
3. lastly, we tried to research this theme from viewpoints of Japanese Securities Exchange Act, but many problems still remain.
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