2009 Fiscal Year Final Research Report
The reparation as a legal system of compensation
| Project/Area Number |
19730064
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Tohoku University |
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Principal Investigator |
YONEMURA Shigeto Tohoku University, 大学院・法学研究科, 准教授 (40419990)
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| Project Period (FY) |
2007 – 2009
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| Keywords | 損害賠償法 / 製造物責任 / 無過失責任 / 不法行為要件論 / 不法行為目的論 |
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| Research Abstract |
In Japan, the area of the no-fault liability had been expanded through several times of legislation, such as the enactment of the Product Liability Act (1994). Many lawyers had assumed that they would contribute wide compensation of damages, but some legal scholars had opposed to such an assumption because previous case laws had already carried out wide compensation enough for the victims. This project aimed at to clarify the theoretical meaning of reparation as a legal system of compensation and to embody the interpretation of tort liability considering the relationship between tort law and other legal systems of compensation. By various analyses of academic discussions and case laws in Germany and in the US, the following conclusions were obtained : (a) the product liability is not a genuine no-fault liability but a liability based on a breach of duty at least in part ; (b) the aspect of compensation and that of sanction are mingled together in several systems on the tort law. According to these conclusions, we should analyze the difference of the two aspects in reparation systems from now on.
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