2010 Fiscal Year Final Research Report
Comparative and theoretical study on conversion of the concept of right and reconstruction of law on right of personality
| Project/Area Number |
20530070
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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 | Kyoto University |
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Principal Investigator |
YAMAMOTO Keizo Kyoto University, 大学院・法学研究科, 教授 (80191401)
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| Project Period (FY) |
2008 – 2010
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| Keywords | 人格権 / 権利 / 民法 / 憲法 / 私人間適用 |
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| Research Abstract |
This study newly provides an idea of treating "right" as "right of determination" (concept of right as right of determination) in contrast to the traditional theory in which "right" is treated as "right of domination" (concept of right as right of domination). Based on this new idea, this study forms a theoretical basis for dealing with modern actual phenomena related to rights of personality. It further offers a legal construct and criteria of judgment for protecting rights of personality.
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Research Products
(10 results)
