2014 Fiscal Year Final Research Report
The revision of the law of contract and the guarantee for a lack in Japan and in France.
| Project/Area Number |
22530091
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | Rikkyo University |
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Principal Investigator |
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| Project Period (FY) |
2010-04-01 – 2015-03-31
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| Keywords | 瑕疵担保責任 / 債務不履行責任 / ウィーン売買条約 / フランス法 / 債権法改正 / 危険負担 / 双務契約 / 売買契約 |
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| Outline of Final Research Achievements |
What is important is the substance of the guarantee for a lack. Its true nature is as follows: in civil law, the seller must deliver goods which are of the quality by the contract. If the seller delived goods with a lack of conformity and he didn’t commit his fault, the seller is liable for it, because the seller is liable for any lack of conformity which exists at the time when the risk passes to the buyer. It is the theory of the guarantee for a lack of conformity of the goods in different from the breach of contract. The guarantee for a lack is based on the theory of the risk. Therefore, without exemptions, if the goods do not conform with the contract and whether or not the price has already been paid, the buyer may reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. And he may declare the contract avoided.
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| Free Research Field |
民法（債権法）・フランス法・消費者法
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