2010 Fiscal Year Final Research Report
A Review about the Role of victims' Predisposition in Tort Law
| Project/Area Number |
21830002
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| Research Category |
Grant-in-Aid for Research Activity 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 | Hokkaido University |
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Principal Investigator |
NAGASHITA Yasuyuki Hokkaido University, 大学院・法学研究科, 博士研究員 (20543515)
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| Project Period (FY) |
2009 – 2010
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| Keywords | 民事法学 / 損害賠償 / 素因 |
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| Research Abstract |
In Japanese tort law, damages are reduced in instances where the damage in the case is caused or increased by the victims' physical or psychological Predisposition and any damage cannot be disaggregated. This study reviews this aspect of Japanese law in the light of the rule in German law that "Disregards the victims' Predisposition". The study concludes by reconstructing the legal theory of Predisposition and proposing a new theory to be based on notions of the victims' "Minimal Resistance" and "Indifference to legal interests on his(her) own".
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