2011 Fiscal Year Final Research Report
Comparative study on the relation between the condition of "infringement of right" and that of "damage" in tort law
| Project/Area Number |
22830021
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Senshu University (2011)
The University of Tokyo (2010) |
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Principal Investigator |
OHSAWA Ippei 専修大学, 法務研究科, 講師 (40580387)
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| Project Period (FY) |
2010 – 2011
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| Keywords | 民法 / 不法行為法 / 権利侵害 / 損害 / 損害賠償 |
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| Research Abstract |
The range of "damage" which is the object de compensation in tort law isn't a given condition. That range is fixed in consideration of the infringed right.
When someone who has the infringed right is not a claimant, the compensation can be used only for the restoration of the infringed right, because any right of the claimant is not infringed and he has no right to make a profit on this infringement.
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