Legal Studeis of the Impact of Maeket on the Rules and Laws of International Contracts

2014 Fiscal Year Final Research Report

• Project/Area Number: 23530050
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Kobe University
• Principal Investigator: SAITO Akira 神戸大学, 法学(政治学)研究科(研究院), 教授 (80205632)
• Project Period (FY): 2011-04-28 – 2015-03-31
• Keywords: 契約規範 / 市場 / 国際取引法 / 契約実務 / 関係的契約論 / 取引費用経済学 / 国際商事仲裁

Outline of Final Research Achievements

The core of any international economic activity is ‘transaction’, which is based on the agreement by both parties. If there is no agreement between them, exchanges and efficient allocation of goods will never be realized and new productive activities will never appear. As agreement is constituted by the free will (lead by self convincing) of the parties, there should be some tool for promoting the process of self convincing by the parties. The most widely used tool is what we call ‘Market’, which indicates a fair price. In case where you no more need the goods you bought before, Market even plays the role to secure appropriate refunding of the money based on the market price, or, at least, it gives some ease of mind for the buyers in the market.This is the reason why the existence of healthy market is becoming the lifeline of promoting transactions. Because of this, the strong and positive intervention by public law for keeping healthy market environment is justified,

Free Research Field

国際取引法、国際私法、関係的契約論、