2016 Fiscal Year Final Research Report
A study on legal theory about diversification of determination of contract
| Project/Area Number |
25780064
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Multi-year Fund |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Niigata University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2013-04-01 – 2017-03-31
|
| Keywords | 履行障害 / 履行不能 / 行為基礎の喪失 / 事情変更の原則 / 契約構造論 / 代金減額 / 医療契約 |
|---|
| Outline of Final Research Achievements |
Firstly, the various aspects and their demarcation about the three different types of "accomplishment of contract", "determination of contract" and "modification of contract" were examined, focusing on the Germany civil law (BGB). Through this examination, it was revealed that the boundaries in those types were relativized with each other and that the clearly defined criteria on this point were not necessarily formed.
Secondarily, especially with medical contracts, an analysis of the concrete way of the type of "modification of contract" was performed. As a result, I could obtain certain knowledge about grasping contract types which were different from conventional one and about finding their opportunities.
|
| Free Research Field |
民事法学
|
