2009 Fiscal Year Final Research Report
The breach of contract by the seller and the guarantee for a lack of conformity of the goods.
| Project/Area Number |
19530079
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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 | Rikkyo University |
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Principal Investigator |
NOZAWA Masamichi Rikkyo University, 大学院・法務研究科, 教授 (80237841)
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| Project Period (FY) |
2007 – 2009
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| Keywords | 瑕疵担保責任 / 債務不履行責任 / 危険負担 / フランス法 / EU法 / 民法改正 |
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| Research Abstract |
In civil law, the seller must deliver goods which are of the quality by the contract. If the seller delived goods with a lack of conformity and he didn't commit his fault, the seller is liable for it, because the seller is liable for any lack of conformity which exists at the time when the risk passes to the buyer. It is the theory of the guarantee for a lack of conformity of the goods in different from the breach of contract. The guarantee for a lack is based on the theory of the risk.
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