| Project/Area Number |
14520049
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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 | Niigata University |
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Principal Investigator |
NAKAMURA Tetsuya Niigata University, Graduate School of Praxis of Law, Professor, 大学院・実務法学研究科, 教授 (30111222)
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| Project Period (FY) |
2002 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥1,500,000 (Direct Cost: ¥1,500,000)
Fiscal Year 2004: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2003: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2002: ¥500,000 (Direct Cost: ¥500,000)
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| Keywords | Civil law / Law of Tort / right of personality / Law of person / commercialization / recovery of damages / German civil law / right of autonomy / ドイツの民法 / ドイツ法 / 損害賠償 / 商業的利用 / プライバシー / 損害賠償請求権 / 差止請求権 |
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| Research Abstract |
Together with the principle of equality of man and woman, the principle of dignity of individuals written in Japanese Civil Law Code § 1-2(§ 2 after 01.4.2005) shows the direction of civil society in Japan after the second world war. Under these principles the system of protection of individuals in civil law developed, for example in the cases of violation of life or health caused by environmental pollution, traffic accident or malpractice and in the cases of violation of privacy by mass media etc. Now we recognize that there are two main fields in civil law, namely law of person and law of article (thing).
We find many conflicts between the principle of dignity of individuals and commercialism. In this report I tried to analyze and resolve these conflicts from the point of view of recovery of damages. This report consists from following parts,
1.part(1-21p.) About the violation of rights of person by publishing and it's consequence in the law of compensation
2.part(22-40p.) Wrongful life and the law of compensation in Germany.
3.part Supplement 1(41-53p.) Genetic modified food and the law of nuisance in Germany
Supplement 2(54-61p.) Telling the last stage of cancer to the family of the patient.
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