2017 Fiscal Year Final Research Report
A Theory of Market Oriented Contract Remedies
| Project/Area Number |
26380117
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kobe University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2018-03-31
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| Keywords | 契約法 / 契約改訂 / 契約管理 / プロジェクト・マネージメント義務 / 非対称情報 / 公正感 / 敷引特約 / 不完備契約 |
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| Outline of Final Research Achievements |
The first article "enforceability of contract modification agreement and its fairness concern" argues some conditions to enforce the modification agreement. It also explores the fairness concern should be taken in to account to understand the breach-perform-descision of the contract parties. The second article "Contract Management" examines the new management techniques where contract plays an important roll as regulating devices of business management. It also compares the "project management duties" referred in a contemporaty japanese case law and "contract management duties" argues by Prof. L. Kaehler. Third article analyses the legal and economic rationality of so-called "shikibiki provisions of leasing contracts" based on the economics of asymmetric information and the theory of incomplete contract.
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| Free Research Field |
契約法
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