Research on the consumer protection system and the alteration of contract law in Japan and France.
| Project/Area Number |
15530072
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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 | Rikkyo University |
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Principal Investigator |
NOZAWA Masamichi Rikkyo University, Law School, Professor, 大学院・法務研究科, 教授 (80237841)
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| Project Period (FY) |
2003 – 2005
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| Project Status |
Completed (Fiscal Year 2005)
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| Budget Amount *help |
¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 2005: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 2004: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2003: ¥1,200,000 (Direct Cost: ¥1,200,000)
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| Keywords | Consumer act / Consumer / Professional / Warrant / Obligation of information / Clause of abuse / Inexecution of contract / Code of consumer / 契約法 / 債務不履行 / フランス / 助言義務 / 消費者保護法制 |
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| Research Abstract |
According to the traditional civil law, it has been considered that contracts are agreements of numerous parties' animus. And for the reason why contracts bond the parties, it is explained that it is because they are based upon one's free will, emphasizing the principle of private autonomy. This kind of understanding towards the contract is still appropriate today. However, one of the parties has the duty to provide information. This is not due from agreement among the parties but it is a duty that comes from fair and equitable principle. It is inevitable that there is a difference between the capability to gather information of the employers and that of the employees. So this duty of the provision of information arises to insure the principle of private autonomy. In French private law, instead of the traditional distinction between merchants and non-merchants, distinctions between employers and employees have become a significant framework. For example, in the field of mortgage, the s
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ystem of law has differed whether an employer had awarded a contract of guarantee and between that of a non-employing individual. And in the field of contract law, there is a significant movement on warrants and defaults of obligations. I.e., in France, the EC directive which was exercised from March 25th, 1999, which concerns the obligations of warrants of the sellers, switched to the consumption law (L..211-below section 1) due to the Ordinance of February 17th, 2005. According to the provision, the buyers who are also consumers are able to use the liability for security towards the employers who are also the sellers, when the merchandise of the contract is inappropriate. In the civil law, such rights of rescission based on the default of obligation to hand over merchandise (section 1184), the right to appeal for compensation (section 1147), the right to appeal based on warrants (below section 1641) are provided. Therefore, the buyer who is also the consumer is eligible of these 3 rights listed above, making them heavily protected. Consequently, the protection of the consumers has the momentum to change the private law framework itself. Less
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Report
(4 results)
Research Products
(9 results)
