2012 Fiscal Year Final Research Report
Controlling Judgments on the Amount of Damages
| Project/Area Number |
23730083
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Multi-year Fund |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Tohoku University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2011 – 2012
|
| Keywords | 損害賠償額の確定 |
|---|
| Research Abstract |
The aim of this research is to establish more functional methods to control judgments on the amount of damages. Both code of civil procedure in Japan and Germany share the common features that they have clauses drafted particularly for that situation. And German clause has more long history than Japanese one. This research has revealed there were several options to understand the raison d'etre of the clause in Germany but only one of those survived mainly because of its fitness to the dominant theory of torts in Germany. However, it is not clear whether Japanese law of torts has adopted that theory. If not, we don't have to share the understanding of the clause for judgments on the amount of damages in their procedural code when interpreting ours. After all, it would be more efficient directly to discuss what the most functional method is to control judgments on the amount of damages from several academic aspects and the clause wouldn't disturb it.
|
