2012 Fiscal Year Final Research Report
Comprehensive and Comparative Study of Civil Liability in the Era of Globalization of Legal System
| Project/Area Number |
22330035
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Waseda University |
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Principal Investigator |
AWAJI Takehisa 早稲田大学, 法学学術院, 招聘研究員 (90062653)
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| Co-Investigator(Kenkyū-buntansha) |
OTSUKA Tadashi 早稲田大学, 法学学術院, 教授 (90143346)
URAKAWA Michitaro 早稲田大学, 法学学術院, 教授 (90063792)
UCHIDA Katsuichi 早稲田大学, 法学学術院, 教授 (10063794)
GOTO Makinori 早稲田大学, 法学学術院, 教授 (20255045)
SHIBASAKI Satoru 早稲田大学, 商学学術院, 教授 (50261673)
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| Project Period (FY) |
2010 – 2012
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| Keywords | 民事責任 / 制裁 / 差止請求 / 安全性 / 公正性 / 消費者法 / 商事法 |
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| Research Abstract |
This study project has acknowledged ;
1 With relaxing ex-ante regulations, the putative aspect of civil liability as ex-post responsibility becomes important
2 The role of the injunction as ex-ante remedy becomes important, especially in environmental law
3 To secure safety of life, body, property, environment, privacy etc, contractual liability and tort liability have assumed more significant roles
4 To secure the fairness in the transaction including the competitive order, contractual liability and tort liability have assumed more significant roles.
We have studied how the above-mentioned phenomena have been accorded with the restructuring of the judicial procedure in each state, also with the harmonizing and unifying process of the judicial system across the boundaries of states.We have studied how they have been accepted, expanded or altered in this changes. Also, with this study, we were able to look to the future role of the civil liability law.
Now we are confident we have conducted the effective project study in the civil liability law including consumer law and the commercial law which have gain the weight lately.
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