2012 Fiscal Year Final Research Report
Theory of damages for breach of contract
| Project/Area Number |
23730087
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Multi-year Fund |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Mie University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2011 – 2012
|
| Keywords | 民法 / 契約法 / 契約不履行法 / 契約不履行に基づく損害賠償 |
|---|
| Research Abstract |
To d a y, in japan, damages for breach of contract are interpreted as the way to repair the damages for non-performance (Reparation model). However, it is not necessary to understand damages for breach of contract in logic of reparation. Itis possible to interpret that damages for breach of contract are system securingperformance of contract or credit (Performance model). Argument from idea of performance is useful viewpoint that can not only make a theory about various problems of damages, but also systematize non-performance of contract and civil liability.
|
