2009 Fiscal Year Final Research Report
The criterion of the range of obligation in enrichment by an encroachment (Eingriffskondition)
| Project/Area Number |
20830117
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| Research Category |
Grant-in-Aid for Young Scientists (Start-up)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Doshisha Women's College of Liberal Arts |
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Principal Investigator |
MURATA Daiju Doshisha Women's College of Liberal Arts, 現代社会学部, 助教 (10509227)
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| Project Period (FY) |
2008 – 2009
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| Keywords | 不当利得 / 侵害利得 |
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| Research Abstract |
It is a requirement that there is "Content of theallocation" (Zuweisungsgehalt) in the legal position to approve the enrichment by an encroachment when a certain legal position is encroached. In Germany, the opinion to enumerate "Applicability in the market" is a common opinion as the standard by which the presence of the "Content of the allocation" is judged. On the other hand, I pointed out that this opinion assumed that the effect of the enrichment by an encroachment is objective value compensation, but there is no clarifying grounds.
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