2013 Fiscal Year Final Research Report
Research on the judicial character of legal mechanisms in the pre-contractual phase
| Project/Area Number |
23730110
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Multi-year Fund |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Waseda University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2011 – 2013
|
| Keywords | 契約法 / フランス法 / 意思表示論 / 契約の成立 / 契約の解釈 |
|---|
| Research Abstract |
The formation of the contract often requires the intervention of a third party, who is the judge, in order to find and declare if there is an agreement. The purpose of our research was to elucidate such judicial character that theories of contract law arise. Based on the approach of Franco-Japanese comparative law, we conducted the bibliographic survey and made some academic exchanges. The knowledge acquired from this research allows us to make an analysis on the mechanism of the interpretation and construction of contract in Japanese law: it could be considered as one of the contractual theories that serve to re-establish procedural fairness between partners in the pre-contractual phase, which would be realized by the intervention of judges. Some of the results of the research has already been published in France and Japan, and the main part will be published in our monograph.
|
