a study on the legal control of the government contract

2015 Fiscal Year Final Research Report

• Project/Area Number: 24530041
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: Kwansei Gakuin University
• Principal Investigator: NODA Takashi 関西学院大学, 法学部, 教授 (00351437)
• Project Period (FY): 2012-04-01 – 2016-03-31
• Keywords: 公法上の契約 / 民主政 / 契約の自由性 / 契約の可能性 / 規範授権説

Outline of Final Research Achievements

Contract system on the Civil Code recognizes the legal effect to the agreement between the parties to the contract , it is to approve the autonomy by the parties of the intention . On the other hand, the administrative activities of the democratic state must comply with the decisions of the national representative ( law ) . Therefore, in the contract between the government and private individuals, the specific intention of the individual and the intention of the national representative ( law ) may conflict . In German law , the general authorization regulations of the Administrative Procedure Act Article 54 and individual administrative regulations in association authorize the normative legitimacy of administrative activities by contract. In Japan, lacking such general authorization provisions , we must consider thatthe law is the general form of the problem-resolving, and it's variability.

Free Research Field

行政法学