2012 Fiscal Year Final Research Report
Historical Analysis and Interpretation of the Pre-modern Law Renaissance in Contract Law
| Project/Area Number |
21730074
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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 | The University of Tokyo |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2012
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| Keywords | 民法 / 契約 / 債権法 / 法律行為 |
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| Research Abstract |
This Study clarifies that some doctrinal movements in the contract law today, such as the developments of arguments on the control over exemption clauses or the rule of change of circumstances, are characterized as the disengagement from the classical contract law and the renaissance of the pre-modern law, and are based on the requisition of "coherence" in contractual norms.
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