2015 Fiscal Year Final Research Report
A study of the connection between the remedy against the violation of the information duty and the interpretation of the contract.
Project/Area Number |
26885072
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Research Category |
Grant-in-Aid for Research Activity Start-up
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Allocation Type | Single-year Grants |
Research Field |
Civil law
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Research Institution | Ryutsu Keizai University |
Principal Investigator |
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Project Period (FY) |
2014-08-29 – 2016-03-31
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Keywords | 契約締結上の過失 / 情報提供義務 / 説明義務 / 契約解釈 / 不法行為 |
Outline of Final Research Achievements |
The purpose of this study is to carry out basic research to discuss a new interpretation that the confidence of the party to a contract resulting from the violation of the information duty of the other party in the process of concluding the contract should be included in the content of the contract, referring to similar discussion in Europe. In this study, it is crucial to analyze how that issue is discussed in France where the similar interpretation is presented. The analysis made it clear that tort law is interpreted in a very flexible manner in France and as a result it is allowed to provide the flexible remedy to the victim affected by the violation of the information duty. Therefore, in the future it would be necessary to further consider how flexible use of tort law would influence the interpretation of contract law.
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Free Research Field |
契約法
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