2012 Fiscal Year Final Research Report
Theoretical Relationship between Party Autonomy and Private Autonomy
| Project/Area Number |
22730036
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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 |
International law
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| Research Institution | Tohoku University |
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Principal Investigator |
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| Project Period (FY) |
2010 – 2012
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| Keywords | 国際私法 / 当事者自治 / 民法 / 私的自治 |
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| Research Abstract |
In this study, the theoretical relationship between party autonomy and private autonomy was analyzed in order to reveal the theoretical basis of party autonomy. As a result of this study, it was proved that party autonomy is not recognized as a “natural" principle from the systematic viewpoint of private international law, although private autonomy is a “natural" principle in the field of civil law. The practical necessity to understand this character of party autonomy was also proved.
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