2009 Fiscal Year Final Research Report

Structure of Insecurity-based Liability and its Remedies

Research Project

Project/Area Number	20830103
Research Category	Grant-in-Aid for Young Scientists (Start-up)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	Waseda University
Principal Investigator	TANIMOTO Yoichi Waseda University, 法学学術院, 助手 (50515252)
Project Period (FY)	2008 – 2009
Keywords	履行期前の履行拒絶 / 契約危殆責任 / 債務不履行 / 解除 / 履行請求権 / 交渉
Research Abstract	Both in German civil law and American law, when reasonable grounds for insecurity arise with respect to the performance of one contracting party, existence or nonexistence of negation for resolving or decreasing the insecurity between parties and, if existence, their attitudes in such a negotiation play a key role for judges in deciding whether to dissolve a contract in insecurity. In contrast, Negotiation has not played key role at such a situation in Japanese civil law. If it would be sought to give such a key role to negotiation, then, in Japan, one should address the matter of taking contract preserving norms or end-game norms when reasonable grounds for insecurity arise.