2013 Fiscal Year Final Research Report
A cross-sectional analysis for the notion of purpose in the contract law
| Project/Area Number |
22730078
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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 | Nagoya University |
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Principal Investigator |
OKAMOTO Hiroki 名古屋大学, 法学(政治学)研究科(研究院), 教授 (90372523)
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| Project Period (FY) |
2010-04-01 – 2014-03-31
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| Keywords | 複合契約取引 / 契約の目的 / 契約の拘束力 / 組合契約 / 共同事業 / 三当事者以上の契約 / 契約モデル / 典型契約 |
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| Research Abstract |
It is the subject of this research to analyze theoretically whether and how a purpose of contracting parties can make a binding force of the contract. The observed objects are the compound contract transaction and the partnership contract. The compound contract transaction means a transaction in which some contracts are joined by a common purpose. But its concept has not been developed as a legal notion yet. With regard to the partnership contract, the substance of joint business is analyzed. It becomes obvious in the analysis that the criteria for identifying the joint business are whether all obligations are performed in the interests of all partners, and whether the partnership's profits and losses are distributed among all partners.
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