2013 Fiscal Year Final Research Report
Systematic and theoretical study on "the essential theory of juristic act"
| Project/Area Number |
23730111
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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 | Toin University of Yokohama |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 法律行為論 / 近代私法体系 / 啓蒙期自然法体系 / 権利 / 義務 / 意思 / 自律・他律 / 自由・平等 |
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| Research Abstract |
This study considered about "the essential theory of juristic act" systematically and theoretically, in order to reconstitute juristic act theory. As a result, it became clear that the problem of juristic act theory, in which it is difficult to solve only based on the will of the party, has arisen and revealed for the following two reasons.
One reason is because it had to solve the problem of contractual justice based on the autonomous will, without using objective-external standard which had corrected the agreement of the parties, since the system of natural law which constituted by obligation and based on heteronomy paradigm changed toward the system of modern private law which constitute by right and base on autonomy.
Another reason is because the autonomous-normative will changed the autonomous-facto will and the range of juristic act theory narrowed, since declaration theory gained power according to the demands of predictability and legal stability by developing capitalism.
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