2012 Fiscal Year Final Research Report
Concept of"contract" in the process of executing a contract
| Project/Area Number |
22730069
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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 | Yamagata University |
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Principal Investigator |
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| Project Period (FY) |
2010 – 2012
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| Keywords | 情報提供義務 / 説明義務 / 契約締結過程 / 契約概念 / ドイツ法 / 債権法改正 |
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| Research Abstract |
With respect to the effect that the concept of "contract" to be executed by the parties thereto has at the time the details of the information provision obligations assumed by the parties thereto are determined, in the case of a franchise contract, it has become evident that, in the process of executing such franchise contract, the "character of contract", which has not been established yet but is to be established through negotiations, will be important and be considered, and after the execution of such franchise contract, the "character of contract" as a typical contract or a mixed contract that is the combination of typical contractswill be important and may be considered. In addition, with respect to a breach by the parties thereto of the information provision obligations before the execution of a contract, in determining the legal character of such breach that is, whether the breach is attributable to default or unlawful act, it has become evident that, especially in the case the breach is attributable to default, the "character of contract" will play an important rule as a factor for consideration.
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