2016 Fiscal Year Final Research Report
Trustee's liability for using information for benefit of himself/herself
| Project/Area Number |
26380151
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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 |
New fields of law
|
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| Research Institution | Waseda University |
|---|
Principal Investigator |
Saigusa Kenji 早稲田大学, 法学学術院, 教授 (80287929)
|
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| Project Period (FY) |
2014-04-01 – 2017-03-31
|
| Keywords | 情報 / 忠実義務 / 利得の吐き出し / 物上代位 |
|---|
| Outline of Final Research Achievements |
This research concludes, by analyzing the U.S. and U.K. laws, that a tracing, as a proprietary remedy, can be used to disgorge all profits of a trustee if he/she wrongfully used information for himself/herself which he/she knew solely as a trustee, and that because of the nature of information as a public good, treating information as a tangible property, which such a tracing assumes, should be allowed only e.g., when you can recognize specific information to be attributed to the trustee.
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| Free Research Field |
民法
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