2010 Fiscal Year Final Research Report
The Formation of Private Law Norms through Conventions on Human Rights
| Project/Area Number |
20730055
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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 | Hirosaki University |
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Principal Investigator |
FUKUTA Kentaro Hirosaki University, 法学部, 准教授 (00451477)
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| Project Period (FY) |
2008 – 2010
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| Keywords | 人権条約 / 民法 |
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| Research Abstract |
It is stated by many scholars that the law of obligations has been becoming subject to the norms of the European convention on human rights, and the national courts in France tend to give judgments according to those norms. At present, it is no doubt that the European convention on human rights has acquired the status of the source of law in the sphere of the French private law. However, as to the principle of equality provided in article 14 of the European convention on human rights, it doesn't work as the standard to solve the litigations between private persons, at least in the court of cassation.
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