2010 Fiscal Year Final Research Report
Unjust Enrichment in French Law : A Comparative Legal Study on the Interaction between French Law and German Law.
| Project/Area Number |
21730004
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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 |
Fundamental law
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| Research Institution | Hokkaido University |
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Principal Investigator |
SAITO Tetsushi Hokkaido University, 大学院・法学研究科, 准教授 (50401013)
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| Project Period (FY) |
2009 – 2010
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| Keywords | フランス法 / 不当利得 / action de in rem verso / コンディクチオ / 19世紀法学史 |
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| Research Abstract |
This research aims at describing the formation of the general theory of unjust enrichment, which was an epoch-making event in the history of French civil law. An encounter of French law with German law in the 19th century produced a new theory and enabled to draw out requirements of the civil society at the time. This fact explains limited and narrow field of application of unjust enrichment in France. Results of the historical research will also give new views on contemporary law of restitutions.
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