2016 Fiscal Year Final Research Report
Codification of Doctor-Patient Contracts
| Project/Area Number |
26380156
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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 | Seinan Gakuin University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2017-03-31
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| Keywords | 医療契約 / 診療契約 / 法典化 / 典型契約 / 典型契約化 / ドイツ民法 / 消費者契約法 / 労働契約法 |
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| Outline of Final Research Achievements |
I conducted a study which, assuming the existence of contractual relationships between doctors and patients, assessed the theoretical connections between the typical (in interpretation) pattern of doctor-patient contracts and the codification of those. The main outcome of the study was analysing (from the perspective of legislative studies) doctor-patient contract laws in Germany with both relatively favourable conditions and recent legislative examples, and obtaining significant implications regarding doctor-patient contract laws for which there are no legislative examples in Japan. In terms of peripheral outcomes, I analysed the codification of other asymmetrical contracts in Japan (the Consumer Contract Act and Labour Contract Act) from an identical perspective, and attempted to relativize and objectify the study content.
This study will ultimately lead to the proposal of a (draft) doctor-patient contract law for Japan in anticipation of the enactment of a new civil law.
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| Free Research Field |
民法、医事法
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