| Project/Area Number |
12620054
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kobe University (2002-2003)
Kyushu University (2000-2001) |
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Principal Investigator |
YAMAMOTO Kenji KOBE UNIVERSITY, GRADUATE SCHOOL OF LAW, PROFESSOR, 法学研究科, 教授 (50222378)
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| Project Period (FY) |
2000 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥3,600,000 (Direct Cost: ¥3,600,000)
Fiscal Year 2003: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2002: ¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2001: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2000: ¥1,300,000 (Direct Cost: ¥1,300,000)
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| Keywords | self-determination / contract / commitment / process / relationship / social norm / rule / skill / 契約正義 / 支援 / パターナリズム / 傾聴 / 消費者契約 / 関係形成 / 交渉 / 消費者法 / 改訂 / 救済法 / 継続的契約 / 再交渉義務 / 契約責任 |
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| Research Abstract |
In this research it is made clear that not only legal norms but also non-legal norms play very important role for conflict resolutions in case of long-term contractual relationships. Traditionally contract theories and contract law dogmatics have been stressing only the importance of legal norms to analyze dispute resolution. But first this research has explicated that parties in contract dispute processes usually use non-legal norms to legitimize their claims and to find convincing resolutions for both parties. Secondly in this research it became clear that focusing only on direct two parties to analyze long-term contract dispute processes is not enough to understand the whole aspects of it. It should be observed that not only the direct two parties but also third parties around the two parties also play critical roles in dispute processes. That means both parties figure their will and make self-determination toward dispute resolutions step-by-step in the process of continuous contact
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with people around them. "Self-determination" is the basic principle in contract law and in theories of dispute resolution. In my view this principle should not be understood as though parties make their determination in vacuums. But they form their will gradually under the contact with others and under the influence of many social norms. It should be said parties formulate their self-determination in self-searching manners. So this research focuses on this process and especially on the relationship of disputing parties to people around them to determine their will in this conflict. Finally this research extracts the importance of the phase of "concrete skills" of parties which cannot be reduce to legal norms. This research has found finally this kind of skills has been developed especially in many fields of practices of "counseling" so that the further analysis for these practices should be made to deepen the knowledge about this skills of "self-searching" or "self-reflection" which will be performed in the process with third parties around disputing parties. Less
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