2011 Fiscal Year Final Research Report
Legal structure of impossibility of performance : Fundamental study on law theory on impossibility
| Project/Area Number |
22730073
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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 | Niigata University |
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Principal Investigator |
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| Project Period (FY) |
2010 – 2011
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| Keywords | 履行不能 / 履行障害 / 債務不履行 / 履行請求権 / 原始的不能 / 後発的不能 / 給付困難 / ドイツ民法(BGB) 311a条 / ドイツ民法(BGB) 275条 |
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| Research Abstract |
Firstly, an analysis of a legal theory concerning the impossibility of performance of German civil law(BGB) and the examination of its legislation process were performed. As a result, it was clarified that there was a difference for the understanding of impossibility at the time of the enactment of BGB, and that this was a remote cause of today's confusion of the theory of impossibility. Secondarily, the discussion before and after the law reform in Germany was examined. As a result, I could acquire the definite knowledge about the legal effect of initial impossibility, its unified requirements, the range of the concept "impossibility", and the meaning of the circumstances attributable to debtor etc.
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