2012 Fiscal Year Final Research Report
Clarifying Rules Required by the Agent's Duty of Loyalty
| Project/Area Number |
23730106
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Kokushikan University |
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Principal Investigator |
TAOKA Eriko 国士舘大学, 法学部, 講師 (20551039)
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| Project Period (FY) |
2011 – 2012
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| Keywords | 代理 / 委任 / 忠実義務 / 信認関係 / 信託 |
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| Research Abstract |
In the case where a party manages another person’s assets, it is crucial to clarify what the former party may/may not do regarding the entrusted assets. The same is true of the case were a party acts on behalf of another person in take care of the latter’s property. Considering the rapid development of financial services in terms of the kinds and the complexity of the services given by various financial institutions, it becomes even more important to delineate the scope of a duty owed by a party who acts on another person’s behalf in the above situations. This research, therefore, aims to clarify the contents of a duty of loyalty, in particular, owed by an agent in Japanese law. In order to achieve this aim, this research also is conducted from the viewpoint of comparative legal studies considering especially relevant issues in the so-called common law countries.
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