2009 Fiscal Year Final Research Report

Reconstruction of service contracts-comparative study of private law in the East Asian Countries-

Research Project

Project/Area Number	19530075
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Gakushuin University
Principal Investigator	OKA Takashi Gakushuin University, 法学部, 教授 (10125081)
Project Period (FY)	2007 – 2009
Keywords	民事法学 / 比較民法 / 比較契約法 / 役務提供契約 / 不完全履行
Research Abstract	Through the comparative study of private law in East Asian Countries on service contracts, we propose to revise the Japanese Civil Code in the following three points. (1) As to construction contracts, the customer may terminate the construction contract if there is a defect in the building which is the subject matter of the contract, provided that the defect is serious to the extent that it requires rebuilding. (2) As to the contracts for work, if there is a defect in the subject matter of the work, the customer may demand repair of the defect or reduction of remuneration at his own choice. This indicates that there is no priority between the two remedies. (3) As to the adult guardianship contracts, the whole system should be revised in view of harmonization with the legal guardianship. In the long run, the Civil Code may be reorganized to include the independent part of law of persons into which the legal guardianship and guardianship contracts are to be integrated.

(4 results)